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Armed Services Board Report for End-Fiscal Year 2022

  • Writer: R.D. Lieberman,Consultant
    R.D. Lieberman,Consultant
  • Apr 1, 2023
  • 2 min read

On November 1, 2022, the Armed Services Board of Contract Appeals (“Board”) reported on its transactions and proceedings for FY 2022. The Board submits its report annually, pursuant to its Charter. The report covers FY 2018 through FY 2022 and shows the Board is quite active.


Cases docketed remain constant from FY 2021 to 2022, with 400 cases in the latter years. The Navy and the Corps of Engineers accounted for about half of all cases docketed in FY 2022.


During FY 2022, the Board disposed of 397 cases. Of these, 101 were sustained on the merits, 41 were denied on the merits and 255 were dismissed. These statistics indicate that of the 142 cases disposed on the merits 71 percent found merit in whole or in part.


During FY 2022, the Board held 23 hearings, for a total of 89 days, adjudicating 87 cases.


During FY 2022, 125 cases were diverted from the Board’s regular docket to Alternative Dispute Resolution (“ADR”). Six of these cases were settled, 9 were withdrawn and 105 were successfully resolved. Three cases were unsuccessful, leaving 2 pending at the close of FY 2022.


At the end of FY 2022, the Board had 957 cases pending, about the same as in previous years.


In FY 2022, the U.S. Court of Appeals for the Federal Circuit docketed 10 appeals from Board decisions, and had 29 appeals pending at the close of the fiscal year. During FY 2022, the Court disposed of 17 appeals involving Board decision, 12 of which were affirmed, 2 dismissed and one of which was reversed and remanded.


Takeaway. The Board remains a very viable venue for contract appeals. The sustains and denies indicate a very fair review of cases.


For other helpful suggestions on government contracting, visit:

Richard D. Lieberman’s FAR Consulting & Training 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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