Government Contract Claims: Top 10 Things to Know About the Contract Disputes Act
Making Effective Use of the Claims/Disputes Process
CPARS From A to Z
At a time when government agencies are terminating contracts for convenience at an increasingly high rate, a recent decision by the U.S. Civilian Board of Contract Appeals in Blankson v. Agency for International Development,...more
The Department of Government Efficiency’s (“DOGE”) scrutiny of federal contracts has resulted in a spike in notices of termination for convenience. Given DOGE’s broad mandate to reduce federal spending, we expect a sustained...more
In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for successfully navigating the contract claims process under federal procurement...more
In honor of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for government contractors to ensure compliance with the Federal Acquisition Regulation (FAR) cost...more
While the Court found that the bundled costs did not constitute a franchise fee, the MFA may apply to franchisees located outside the state of Minnesota. Pennsylvania based distributor, M&M Creative Laminants’ (M&M) bought...more
When the Government is in a contract, it cannot just stop making payments. This is the general rule whether the contract is a procurement, grant, or cooperative agreement. Rather, the Government’s continued non-payment is...more
As part of ongoing efforts to reduce waste, the U.S. Department of Government Efficiency (DOGE), in coordination with the new leadership at the U.S. General Services Administration (GSA), is reaching out to all tenant...more
Government contractors working for the Department of Education (DE), the United States Agency for International Development (USAID), and other agencies like the National Science Foundation (NSF) and Consumer Financial...more
The Board docketed 17 fewer new appeals in fiscal year (FY) 2024 than it docketed in FY 2023. The Board docketed more cases than it resolved in FY 2024....more
The Civilian Board of Contract Appeals (CBCA) recently posted its Annual Report for Fiscal Year 2024 (Report). In Fiscal Year 24 (FY24), Contract Disputes Act (CDA) appeals were down, while Alternative Dispute Resolution...more
The Armed Services Board of Contract Appeals’ 2024 annual report reveals—yet again—the lowest number of docketed appeals in 40 years. Where have the contractor appeals gone? Contractors filed fewer appeals with the Board...more
In Appeal of – JE Dunn Construction Co., the Armed Services Board of Contract Appeals considered and denied the government’s post-hearing motion to dismiss JE Dunn’s complaint for failure to submit sums certain for each of...more
Most government contracts include a Changes clause (notably, FAR 52.243-1), which grants the Government the right to order changes to the scope of the contractor’s work. That clause also entitles the contractor to an...more
Claims Updates - Associated Energy Group, LLC v. The United States and Kropp Holdings, Inc., No. 23-20 47 (July 2, 2024) - Associated Energy Group, LLC (AEG) challenged the award by Defense Logistics Agency (DLA) for a...more
On June 28, 2024, the Supreme Court of the United States (SCOTUS) issued its decision in Loper Bright Enterprises v. Raimondo, which put an end to Chevron Deference. Chevron Deference was a doctrine that required courts to...more
The Court of Appeals for the Federal Circuit (CAFC) continues to redefine the Court of Federal Claims’ (COFC) ability to hear cases affecting all stages of the federal procurement process....more
Federal Circuit Docket - Percipient.ai, Inc. v. United States, Fed. Cir. No. 2023-1970 (Jun. 7, 2024) - In a highly anticipated bid protest opinion, a divided merits panel of Federal Circuit judges reversed the Court of...more
A decision by the U.S. Civilian Board of Contract Appeals (the "Board" or "CBCA") in BES Design/Build, LLC v. General Services Administration, CBCA 7587 (April 6, 2023), further defines what it means to submit a "timely"...more
A glimmer of hope from the Federal Circuit for software manufacturers looking to enforce license agreements against the U.S. Federal Government. In an order issued March 6, 2024, the court said entities licensing software...more
Under its contract with the Air Force, Aviation Training and Consulting LLC ("ATC") "operates, maintains, supports, and upgrades the Air Force's training systems (or trainers) for B-52 bombers." As did many responsible...more
WHAT: In Aviation Training Consulting, LLC, the Armed Services Board of Contract Appeals (ASBCA) held that it had jurisdiction to hear the contractor’s claim for increased costs to keep its workforce in a ready state during...more
The recent decision by the U.S. Armed Services Board of Contract Appeals in JE Dunn Construction Co., ASBCA No. 63183 (Dec. 13, 2023), highlights the immediate importance of the Federal Circuit's decision in ECC International...more
The Civilian Board of Contract Appeals (CBCA) recently published its annual report, providing key statistics on cases filed at and adjudicated by the CBCA in Fiscal Year (FY) 2023. Of note, the CBCA found in favor of the...more
On December 14, the Department of Labor issued its final rule implementing Executive Order 14055, entitled “Nondisplacement of Qualified Workers Under Service Contracts.” The executive order and rule seek to enhance...more
Federal contractors are winning a safeguard against the government’s practice of moving to dismiss cases brought under the Contract Disputes Act (CDA) for lack of jurisdiction in the late stages of litigation. Recent...more