On May 9, 2024, the Armed Services Board of Contract Appeals ("ASBCA" or "Board") allowed a contractor to recover for a "constructive" value engineering change proposal ("VECP"). In Appeal of Herman JCG Co. JV, ASBCA No....more
In Granite Construction Company, ASBCA No. 62281 (November 1, 2023), the Armed Services Board of Contract Appeals ("Board") addressed the issue of what constitutes a reasonable period of time to suspend work under the...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
Oftentimes contractors face changing circumstances during contract performance through delays or change orders and then seek to recover additional time and funding through a bilateral modification with the government. ...more
The Board’s jurisdiction attaches when the contracting officer renders a final decision or a deemed denial, and a later finding by the contracting officer that fraud is suspected will not deprive the Board of jurisdiction. ...more
A letter from the contracting officer unequivocally directing the contractor to exclude specific costs from its cost submissions as unallowable may not be an appealable final decision. Contractors should seek...more
Case remanded to Court of Federal Claims to clarify whether CAS Impact Calculation involving multiple unilateral changes may include contractor “offsets” Federal Circuit revives the question of whether the FAR 33.606...more
The Armed Services Board of Contract Appeals rules against the government on summary judgment but reminds offerors of the importance of understanding this key procurement law. The Procurement Integrity Act (PIA) governs...more