The Armed Services Board of Contract Appeals’ 2023 annual report reveals the lowest number of docketed appeals in 40 years, while at the same time the Board deals with the largest number of motions for summary judgment in...more
A government shutdown at the end of the month could significantly impact contractors. This alert provides practical guidance to help minimize the impact.
Communicate with your contracting officers early and often to...more
The U.S. Court of Appeals for the Federal Circuit broke with earlier precedent and held that the sum certain requirement imposed on contractors is not jurisdictional and therefore cannot be grounds for dismissal late in the...more
The Armed Services Board of Contract Appeals’ 2022 annual report provides information of significant interest to the contractor community, but a closer look raises many questions....more
When government agencies threaten termination for default, applicable regulations offer strategies and defenses to help contractors protect their interests.
Because of the dire consequences that follow default...more
Contractors docketed only 364 new appeals during FY 2021.
The Board issued an advisory opinion for the first time in its 14-year history.
The Board plans to offer the option to conduct hearings and ADR proceedings...more
The “new normal” at the ASBCA has produced some interesting results for contractors to consider as they formulate and advance contract claims.
The Board docketed a near record low number of new appeals during FY 2021....more
The Department of Defense has announced plans to suspend its current CMMC program and replace it with a streamlined process for achieving government contract cybersecurity compliance through “CMMC 2.0.”
The DoD announced...more
The Department of Defense (DoD) issued a final rule on July 9, 2021, requiring contractors to report annually their total labor hours and invoiced amounts for certain service contracts.
Requirement applies to contracts...more
The legislation would require all federal contractors to report potential and actual cybersecurity incidents to the Department of Homeland Security.
The Act would impose a 24-hour reporting requirement on federal...more
7/28/2021
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Reporting Requirements
The government has six years to obtain a court’s determination on fraud counterclaims, and the clock begins to run when the alleged fraud occurs.
The Court of Federal Claims must determine liability on government...more
Agency agreements with the ASBCA allow the Board to adjudicate contract disputes outside the purview of the Contract Disputes Act.
The ASBCA can take jurisdiction over contract disputes pursuant to agency agreements with...more
The Department of Defense issued a final rule adding the National Industrial Security Program Operating Manual (NISPOM) to the Code of Federal Regulations (CFR) and making other changes relevant to contractors that access...more
The Board reported that it upgraded its technology to account for pandemic-related challenges, resolved more matters than it docketed during the fiscal year, and that parties have continued to avail themselves of the Board’s...more
A recent decision from the Civilian Board of Contract Appeals highlights that the Board will demand sufficiently detailed privilege logs from both agency and contractor litigants.
Contractors and agencies must prepare...more
The Armed Services Board of Contract Appeals released its fiscal year 2020 Annual Report, which offers valuable statistics for contractors to consider.
Contractors filed 497 appeals in FY 2020 (compared with 418 filed in...more
Court of Federal Claims rules that the government “constructively” terminated a contractor for convenience when it did not order the quantities specified in the contract.
The “constructive termination for convenience”...more
As state and local governments issue shelter in place directives that keep workers at home and close production lines, businesses advocating to remain open should consider whether the Defense Production Act supports their...more
As government contractors scramble to tackle contract performance changes and disruptions proximately caused by COVID-19, guidance suggests that federal agencies may act equitably.
Federal procurement agencies seem inclined...more
Government contractors face unique challenges while they perform federal contracts during the coronavirus (COVID-19) pandemic. Contractors should prepare for the factual scenarios they may encounter and consider the Federal...more
As a result of the COVID-19 pandemic, President Trump invoked his wartime authority under the Defense Production Act (the Act) to fulfill orders deemed necessary for national defense.
The Act allows the federal government...more
The Civilian Board of Contract Appeals recently released its fiscal year (FY) 2019 report. There are some interesting statistics for contractors to consider. Of note, litigants continue to benefit from the Board’s penchant...more
The Armed Services Board of Contract Appeals (ASBCA) reduced its docket for the fifth consecutive year, signaling potentially faster appeals for contractors. The ASBCA also continued to resolve matters through alternate...more
Latent errors in a data set provided by the Government led the ASBCA to hold the Government responsible for contractor-incurred costs.
To obtain relief pursuant to the mutual mistake of fact theory, contractors must...more
The Section 809 Panel has issued a series of recommendations to the DoD. This second installment of Pillsbury’s Section 809 Alerts focuses on recommendations to better align DoD’s acquisition process with the private...more