It’s not every day that a contractor recovers nearly four times the value of its initial contract, especially when there’s a potential conflict of interest in the mix – but that is exactly what happened in Appeal of Phoenix Data Solution. On June 21, 2018, the Armed Services Board of Contract Appeals (Board) awarded Phoenix Data Solutions LLC, formerly known as Aetna Government Health Plans (AGHP), over $11 million in claimed settlement costs plus interest arising from the Tricare Management Activity’s (TMA) termination for convenience and subsequent deemed denial of AGHP’s claim related to performance under a regional TRICARE managed care support contract.
The Armed Services Board of Contract Appeals published its FY16 Report of Transactions and Proceedings, which provides statistics regarding the adjudication of appeals between contractors and the Army, Navy, Air Force, Corps of Engineers, DLA, DCMA, CIA, NASA, other Defense agencies, and the Washington Metropolitan Area Transit Authority. This year’s report once again reflects the Board’s impressive success at resolving matters via alternative dispute resolution. In total, 93% of ADRs concluded in FY16 – including binding ADR, non-binding ADR, and ADR of undocketed appeals – were successfully resolved. The report also reflects a slight uptick in successful appeals at the Board, noting that the appellant prevailed in 57% the appeals decided in the merits (up from 53% in FY15).
On October 20, the Armed Services Board of Contract Appeals published its FY 2015 Report of Transactions and Proceedings. The report provides statistics regarding the adjudication of appeals between contractors and the Army, Navy, Air Force, Corps of Engineers, DLA, DCMA, other Defense agencies, CIA, NASA, and the Washington Metropolitan Area Transit Authority. This year’s report reflects that the Appellant prevailed in just over half of the appeals decided in the merits (53%). It also indicates that, as usual, the Board had a high success rate in resolving matters via ADR. Of the cases that went through non-binding ADR, 93% were resolved successfully.
In Appeals of LRV Environmental, Inc., the ASBCA considered the issue of whether or not the Government’s “reconsideration” of a contracting officer’s final decision acts to re-set the 90-day clock for jurisdictional purposes under the CDA. In LRV, the CO issued a final decision, and subsequently reconsidered a portion of that decision, leading the Board to conclude that “the decision was not truly final” and that “[w]hile there are no procedures set forth in the CDA for reconsideration of a decision, it is a well established principle that an administrative agency may reconsider its own decisions,” so the contractor’s 90-day appeal window as to the reconsidered claim runs from the latter decision.
Although the Government shut down on October 1, 2013, contractors must remain diligent in analyzing their protests, claims, and other litigation matters to ensure key deadlines are not missed. Importantly, while some Government offices are closed, most courts (including the Court of Federal Claims and the Federal Circuit) remain open and the Armed Services Board of Contract Appeals (“ASBCA”) and the Civilian Board of Contract Appeals (“CBCA”) will remain open for receiving filings. The Government Accountability Office (“GAO”) is closed, but has advised that any deadlines falling on a date in which the Office is closed, will be moved to the first day GAO reopens, similar to how a weekend or holiday deadline is treated under the rules. Considering there is no way of knowing exactly when GAO will reopen, contractors must be ready to have their items filed at a moment’s notice. More importantly, to ensure a timely CICA stay notice is sent by GAO, protesters will want to ensure their protests are filed as early as possible. Below are more details for each venue. Continue Reading Government Shut Down – What Does It Mean for Protests, Claims, and Litigation?