The Civilian Board of Contract Appeals (CBCA) recently posted its Annual Report for Fiscal Year 2025 (FY25), which showed a significant increase in appeals but decrease in Alternative Dispute Resolution
Continue Reading Appeals Up, ADR Down at CBCA in 2025Armed Services Board of Contract Appeals
How to Prepare for the End of the Government Shutdown
On the evening of November 9, the U.S. Senate agreed to a deal aimed at ending the government shutdown. The deal is the first step toward reopening the federal government…
Continue Reading How to Prepare for the End of the Government ShutdownBid Protests, Disputes, and Federal Contract Delays During the Government Shutdown
The federal government shut down on October 1 after annual appropriations lapsed. Pursuant to the Antideficiency Act, agencies may not incur obligations or expend funds without an enacted appropriation unless…
Continue Reading Bid Protests, Disputes, and Federal Contract Delays During the Government ShutdownAmid Uncertainty, Government Contractors Should Document, Notify, and Escalate Claims
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 Protection…
Continue Reading Amid Uncertainty, Government Contractors Should Document, Notify, and Escalate ClaimsPractical Litigation Strategies for CDA Claims
This is the third of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors…
Continue Reading Practical Litigation Strategies for CDA ClaimsASBCA Offers Latest Reminder that Plain Language Controls Government Contract Interpretation
Two weeks ago, I presented on Common Issues in Government Contract Interpretation. The course examined common issues encountered by government contractors in bidding on and performing government contracts –…
Continue Reading ASBCA Offers Latest Reminder that Plain Language Controls Government Contract Interpretation
Litigation Update: Contractor Not Entitled to Delay Costs Based on Access to Information Included in its Contract
Understanding claims under the Contract Disputes Act is an essential skill for government contractors. Claims (and related requests for equitable adjustment) are by far the most common remedy for…
Continue Reading Litigation Update: Contractor Not Entitled to Delay Costs Based on Access to Information Included in its Contract
CPARS Challenge Primer: Formal Claim Required to Appeal Negative Performance Evaluation
For federal contractors, it is not an exaggeration to say that performance evaluations are the lifeblood of the business. A less-than-satisfactory evaluation in the Contractor Performance Assessment Reporting System (CPARS)…
Continue Reading CPARS Challenge Primer: Formal Claim Required to Appeal Negative Performance Evaluation
Contractor Alert: The Importance of Claim Certifications and Appeal Deadlines
Contractors seeking to recover additional time and/or costs on government contracts typically choose to proceed with either a Request for Equitable Adjustment (REA) or a Claim. These remedies fall…
Continue Reading Contractor Alert: The Importance of Claim Certifications and Appeal Deadlines
Contractor Alert: Beware Non-Performance during Contract Disputes
Government contractors must be prepared to perform their Federal contracts – even in the face of a dispute with the government over essential contract terms. Failing to perform can have…
Continue Reading Contractor Alert: Beware Non-Performance during Contract Disputes