Armed Services Board of Contract Appeals

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Photo of Erin RankinPhoto of Skye MathiesonPhoto of Tyler Piper

A recent Armed Services Board of Contract Appeals decision provides useful guidance on when the government may (or may not) waive its defense that a contractor’s claim failed to state a sum certain. In GE Renewables US, LLC, the contractor had submitted a claim to the contracting officer for a determination that the contractor had the right to an economic price adjustment (EPA) due to an inflation-related price increase. Notably, the contractor did not provide the value of its requested adjustment in its claim. The contracting officer denied the claim, and the contractor appealed to the Board.Continue Reading A Greater Sum of Certainty: ASBCA Weighs in on when Sum Certain Defense Is Not Waived

Photo of Monica DiFonzo Sterling

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.
Continue Reading ASBCA Awards Contractor Over $11 Million in Settlement Costs After Termination for Convenience, Despite Possible Conflict of Interest

Photo of Steve McBradyPhoto of Skye MathiesonPhoto of Charles Baek

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…

Photo of Steve McBrady

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…

Photo of Steve McBradyPhoto of Skye Mathieson

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…