Several recent Board decisions have turned on issues that serve as a reminder to contracting parties that a critical element of litigating CDA claims is adherence to statutory requirements and the Board’s rules. In Appeal of WorleyParsons, the ASBCA dismissed the government’s claim for alleged CAS violations as a nullity under the CDA, for two fundamental reasons: (1) it could not hear an appeal concerning a contract with the Coalition Provisional Authority in Iraq (CPA), because the CPA was not an “executive agency,” and (2) the Appellant named in the claim was a member of the JV that signed the contract, but not the JV itself.

The Board’s position on Contracts with the CPA relied on prior precedent (the MAC case) holding that the CPA was an international organization, and not an Executive Agency of the Government (which is a condition of the Board’s jurisdiction under the Contract Disputes Act). Thus, the Board lacked jurisdiction to hear the appeal.
Continue Reading Recent ASBCA Decisions Offer Refresher on Adherence to Board and CDA Requirements