Armed Services Board Meritorious Dispositions Increase in 2018

In its annual report for fiscal year 2018, the Armed Services Board of Contract Appeals (“ASBCA” or “Board”) noted an increase in the number of sustained (meritorious) contract appeals, and a decline in the total number of contract appeals.

The two year comparison is shown below:

FY 2017 FY 2018 Percent Increase or decrease

Appeals sustained on merits 80 96 20% increase

Appeals denied on merits 59 43 27% decrease

Dismissed 539 420 22% decrease

Appeals pending, end of period 970 901 7.7% decrease

The news was actually good for contractors. The number of appeals sustained on the merits rose by 20 percent. There was a 27 percent decrease in appeals denied on the merits, a 7.7 percent decrease in the number of appeals pending, and a 22 percent decrease in the number of appeals dismissed by the ASBCA.

The Board noted that the majority of appeals that were dismissed reflected that the parties had reached a settlement, which is also a good indicator for contractors.

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