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Federal Contractors CBCA

Davis Wright Tremaine LLP

Not To Be Heard: CBCA Dismisses a Contractor's Appeal of a Termination for Convenience for Lack of Jurisdiction

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

Fox Rothschild LLP

Amid Uncertainty, Government Contractors Should Document, Notify, and Escalate Claims

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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

PilieroMazza PLLC

CBCA Releases Its 2024 Annual Report: Key Insights for Government Contractors

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The Civilian Board of Contract Appeals (CBCA) recently released its 2024 Annual Report (the Report),  providing updates on personnel, decision statistics, and other important developments. The CBCA’s role in resolving...more

Bradley Arant Boult Cummings LLP

CBCA and ASBCA Issue 2024 Annual Reports

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) 2024. Of note, the CBCA found in favor of the...more

Fox Rothschild LLP

Appeals Down, ADR Up at CBCA in 2024

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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

Wiley Rein LLP

Five Lessons From Framaco Litigation: How Construction Contractors Can Best Position Themselves Before Filing Claims

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A string of recent decisions issued by the Civilian Board of Contract Appeals (CBCA) provide helpful reminders for construction contractors that have encountered difficulties in performance and are seeking relief from the...more

Wiley Rein LLP

Five Lessons to Prevent Government Abuse of Commercial Software Licenses

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When the U.S. Government licenses commercial software, it generally does so under the same terms as any other commercial software licensee, unless the terms of that license are inconsistent with federal law or do not...more

Davis Wright Tremaine LLP

Federal Contractors Need a New Leading Case on Releases

Let's talk about releases and, in particular, the leading Federal Circuit case regarding releases that involve delay and cumulative impact. Bell BCI v. United States, 570 F.3d 1337 (Fed. Cir. 2009), involved the...more

Davis Wright Tremaine LLP

No Double-Dipping Allowed: A Takeaway from the CBCA's Decision in BES Design/Build, LLC

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

Wiley Rein LLP

CAFC Releases Decision Addressing CBCA’s Jurisdiction over Software Developers Claiming to be Parties to a Procurement Contract

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In Avue Technologies Corporation v. Secretary of Health and Human Services, Administrator of the General Services Administration (Case No. 22-1784), the United States Court of Appeals for the Federal Circuit vacated the...more

Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 6

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Claims Updates - Avue Technologies Corp. v. Department of Health & Human Services, No. 2022-1784 Fed. Cir. (March 6, 2024) The Federal Circuit issued its much-anticipated decision in a case that presented the question...more

Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 5

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False Claims Act Update - The Department of Justice reported sharply increased False Claims Act recoveries for government fiscal year 2023. Settlements and judgements dramatically increased from the fiscal year 2022...more

Bradley Arant Boult Cummings LLP

CBCA Issues Annual Report

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

PilieroMazza PLLC

Inter-Con Security Systems: Significance of CBCA’s Decision on Government Contractors

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On September 29, 2023, the Civilian Board of Contract Appeals (CBCA) ruled that a federal contractor could not collect damages from the U.S. Marshals Service (USMS). The contractor’s claim, asserting that it was being sued by...more

Morrison & Foerster LLP - Government...

Contracting In The Fog Of War: Recovering Costs Related To COVID-19

Like the COVID-19 virus, COVID-related contract claims have not gone away. In “Contracting in the Fog of War: Recovering Costs Caused by an Epidemic,” we reported on Pernix Serka Joint Venture v. Department of State, CBCA...more

McCarter & English Blog: Government Contracts...

When the Cure Is Worse Than the Disease: Recent CBCA Decision Regarding Improper Default Terminations Provides a Teachable Moment...

As most government contractors will readily admit, there are few pieces of mail more unwelcome than a cure notice from Uncle Sam. This letter, for those of you who may be blissfully unaccustomed, is a government-issued...more

Holland & Knight LLP

CBCA Holds That GSA Is Financially Responsible for Certain "Real Estate" Taxes

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A number of developments in 2022 will impact federal leasing: The Civilian Board of Contract Appeals (CBCA) has issued a landmark decision on what constitutes a reimbursable real estate tax, the White House has issued...more

Venable LLP

[Webinar] Post Mid-Year Government Contracts Round-Up: Most Significant Claims Cases of the First Half of 2022 - August 23rd, 2:00...

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The Armed Services Board of Contract Appeals (ASBCA), the Civilian Board of Contract Appeals (CBCA), and federal courts have addressed several important claims issues this year. Listen as attorneys from Venable's Government...more

Bass, Berry & Sims PLC

CBCA Opinion Provides Clarity on Anti-Assignment Act’s Murky “Operation of Law” Exception

The Anti-Assignment Act, referring to both the Assignment of Contracts Act and Assignment of Claims Act, which prohibits the assignment of government contracts and claims, respectively, has had a fairly uneven applicatory...more

Blank Rome LLP

Lifecycle of a Claim, Part I: Identifying the Change and Providing Notice

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Welcome to our new “Lifecycle of a Claim” series. This series will explore the Contract Disputes Act claims process, with practical guidance stemming from recent case law every step of the way. ...more

Womble Bond Dickinson

Court Finds Contractor’s Terms and Conditions Incorporated by Reference into GSA Schedule Contract

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A contractor’s own terms and conditions infrequently appear in procurement contracts with the federal government. For the most part these contracts are “take it or leave it” propositions with the agency’s own terms and...more

Jenner & Block

Government Contracts Legal Round-Up | 2022 Issue 8

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Wiley Rein LLP

Board of Contract Appeals Holds That Software Licensor Who Delivered Software Through GSA Reseller Cannot Pursue Claim Directly...

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In a decision of first impression that could have significant implications for the many commercial software vendors who license software to the U.S. Government through U.S. General Services Administration (GSA) Schedule...more

Husch Blackwell LLP

Recent Board Decisions Explain Why COVID-19 Won’t be a “Get-Out-of-Jail-Free Card” for Contractors Facing Terminations for Default

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Now that we are two years into the COVID-19 pandemic in the United States, it should come as no surprise that several cases discussing whether COVID-19 is an excusable delay have made their way through the ASBCA and CBCA...more

PilieroMazza PLLC

Board Rejects Software Company’s Attempt to Enforce License Agreement Against Government Agency

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Software companies frequently choose to sell their products to the government through resellers as a cost-effective way to reach the federal marketplace with minimal compliance obligations. But even when the government...more

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