In its recently published FY 2025 Annual Report (Report), the Civilian Board of Contract Appeals (CBCA) provided detailed statistics about appeals involving disputes between contractors and civilian agencies. This past year, the civilian agencies with the highest number of docketed claims at the Board were the Department of Veterans Affairs (70 appeals), the United States Agency for International Development (43 appeals), the General Services Administration (36 appeals), the Department of State (12 appeals ), and the Department of Education (12 appeals). These agencies accounted for 173, or approximately 78%, of the 221 Contract Disputes Act (CDA) appeals docketed at the Board. Continue Reading CBCA’s FY 2025 Report – Examining the Numbers
ASBCA’s FY 2025 Report – A Look at the Numbers
Every year since 1979, the Armed Services Board of Contract Appeals (ASBCA) has issued a Report of Transactions and Proceedings (Report), which provides helpful statistics for contractors and practitioners regarding the ASBCA’s docket and success rates for contractor litigation and ADR. The ASBCA published its FY 2025 Report on October 30, 2025. Continue Reading ASBCA’s FY 2025 Report – A Look at the Numbers
Crowell & Moring Launches Crowell GovCon Strategies
New consultancy helps contractors with full life cycle of U.S. federal procurement.
Crowell & Moring is pleased to announce the launch of a new consultancy, Crowell GovCon Strategies. The new consultancy provides integrated business and legal solutions to guide companies through the strategy, pursuit, and execution of federal procurements.Continue Reading Crowell & Moring Launches Crowell GovCon Strategies
What U.S. Government Contractors and Grant Recipients Need To Know About Terminations, Stop Work Orders, Tariffs, and the Path Forward in 2025
On February 6, 2025, Crowell & Moring presented a webinar, “The New Normal: What U.S. Government Contractors and Grant Recipients Need to Know About Terminations, Stop Work Orders, Tariffs, and the Path Forward in 2025.” In this webinar (available here), Crowell & Moring lawyers specializing in U.S. government contracts and grants addressed:Continue Reading What U.S. Government Contractors and Grant Recipients Need To Know About Terminations, Stop Work Orders, Tariffs, and the Path Forward in 2025
COFC Holds That Federal PLA Mandate Is Unlawful; Reinterprets Blue and Gold Waiver Rule
In MVL USA, Inc. et al. v. United States, the United States Court of Federal Claims (“COFC”) held that the provisions of FAR 22.505, 52.222-33 and 52.222-34 (collectively, the “PLA mandate”), which required the use of project labor agreements (“PLAs”) on large-scale federal construction projects valued above or at a certain threshold, violated the Competition in Contracting Act (“CICA”). As we previously reported here, former-President Biden issued Executive Order 14063 in February 2022, instructing federal agencies to require construction contractors and subcontractors on projects valued at $35 million or more to “agree, for that project, to negotiate or become a party to” a PLA. A few months later, the FAR Council promulgated a final rule implementing the executive order in FAR 22.505, 52.222-33 and 52.222-34. Continue Reading COFC Holds That Federal PLA Mandate Is Unlawful; Reinterprets Blue and Gold Waiver Rule
Congress Has Spoken: DoD Unilateral Definitizations are Appealable Government Claims
In a big change for defense contractors, Congress has amended 10 U.S.C. § 3372 to make clear that a Department of Defense (DoD) contracting officer’s unilateral definitization of an undefinitized contract action is directly appealable to the Armed Services Board of Contract Appeals (ASBCA) or the Court of Federal Claims. Congress’s change (made under Section 803 of the Servicemember Quality of Life Improvement and National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2025) (we report on the FY 2025 NDAA here) is contrary to recent ASBCA and Federal Circuit decisions.Continue Reading Congress Has Spoken: DoD Unilateral Definitizations are Appealable Government Claims
CBCA’s FY 2024 Report – Examining the Numbers
The Civilian Board of Contract Appeals (CBCA or Board) recently published its Annual Report for FY 2024, providing statistics regarding the adjudication of appeals between contractors and civilian agencies. This year, the civilian agencies with the highest number of docketed claims at the Board were the Department of Veterans Affairs, the General Services Administration, the Department of State, the Department of Homeland Security, and the Department of Agriculture. These agencies accounted for 126, or 76%, of the 165 Contract Disputes Act (CDA) appeals docketed at the Board. Continue Reading CBCA’s FY 2024 Report – Examining the Numbers
Back to the Future: CBCA to Implement New Electronic Docketing System
On December 17, 2024, the Civilian Board of Contract Appeals (Board) announced its plan to launch a new Electronic Docketing System (EDS). Once implemented, the Board will require use of the new EDS for most submissions.
For individuals already registered with the Government Accountability Office’s Electronic Protest Docketing System (EPDS), the EDS interface
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| Government Contracts Fastest 5 Minutes New Administration November 22, 2024 This week’s special edition focuses on what contractors can expect from the incoming administration relating to contract changes, terminations, possible tariffs, and other similar considerations , and is hosted by Peter Eyre and Steve McBrady. Crowell & Moring’s “Fastest 5 Minutes” is a |
CBCA Denies the Government’s Motion for Summary Judgment Based on an Issue of Fact Regarding the Contractor’s Reservation of Rights via a Transmission Email
In Fortis Industries, Inc., CBCA 7967 (Sept. 18, 2024), the Civilian Board of Contract Appeals (CBCA) denied in part the government’s motion for partial summary judgment on the issue of whether the contractor released its claims by signing a modification terminating the contract for convenience. During contract performance, the General Services Administration (GSA) imposed monthly deductions to contract payments as a response to certain performance issues. GSA later proposed to terminate the contract for convenience and sent a contract modification stating that all obligations under the contract were concluded except payment for work performed in June 2022. The contractor signed the modification but stated in its transmittal email that it was owed payment for services in May 2022 as well. Continue Reading CBCA Denies the Government’s Motion for Summary Judgment Based on an Issue of Fact Regarding the Contractor’s Reservation of Rights via a Transmission Email