• R.D. Lieberman,Consultant

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.

For other helpful suggestions on government contracting, visit:

Richard D. Lieberman’s FAR Consulting at https://www.richarddlieberman.com/, and Mistakes in Government Contracting at https://richarddlieberman.wixsite.com/mistakes/.

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The website of Richard Donald Lieberman, a government contracts consultant and retired attorney who is the author of both "The 100 Worst Mistakes in Government Contracting" (with Jason Morgan) and "The 100 Worst Government Mistakes in Government Contracting." Richard Lieberman concentrates on Federal Acquisition Regulation (FAR) consulting and training, including  commercial item contracting (FAR Part 12), compliance with proposal requirements (FAR Part 15 negotiated procurement), sealed bidding (FAR Part 14), compliance with solicitation requirements, contract administration (FAR Part 42), contract modifications and changes (FAR Part 43), subcontracting and flowdown requirements (FAR Part 44), government property (FAR Part 45), quality assurance (FAR Part 46), obtaining invoiced payments owed to contractors,  and other compliance with the FAR. Mr.Lieberman is also involved in numerous community service activities.  See LinkedIn profile at https://www.linkedin.com/in/richard-d-lieberman-3a25257a/.This website and blog are for educational and information purposes only.  Nothing posted on this website constitutes legal advice, which can only be obtained from a qualified attorney. Website Owner/Consultant does not engage in the practice of law and will not provide legal advice or legal services based on competence and standing in the law. Legal filings and other aspects of a legal practice must be performed by an appropriate attorney. Using this website does not establish an attorney-client relationship. Although the author strives to present accurate information, the information provided on this site is not guaranteed to be complete, correct or up-to-date.  The views expressed on this blog are solely those of the author. FAR Consulting & Training, Bethesda, Maryland, Tel. 202-520-5780, rliebermanconsultant@gmail.com

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