Default Terminations, Reconsideration, and the Contractor’s Burden of Proof
A recent ASBCA decision involving DSME Construction underscores three core lessons for federal contractors: a contracting officer’s reconsideration may restart the appeal clock, default termination defenses require evidence rather than assertions, and contractors may still recover undisputed amounts owed for accepted pre-termination performance.
The Claims Reality Check: What FY2025 ASBCA/CBCA Numbers Say About Your Odds—and When ADR Actually Pays
FY2025 ASBCA and CBCA statistics challenge the myth that contractors cannot win CDA appeals. Learn what merits outcomes imply about your odds and when ADR is most likely to deliver faster, lower-variance resolutions.
Peraton at the ASBCA: Fixed Fee, Level-of-Effort, and the Risk of Underutilization
The ASBCA’s Peraton decision clarifies how fixed fee is paid under CPFF level-of-effort service task orders: fee is earned per hour actually performed unless the CO modifies the LOE. Negligent-estimate theories don’t rescue contractors under IDIQ cost-reimbursement awards. Key takeaways for service providers: ask questions, avoid unilateral fee changes, and plan for under-utilization.
BR Group v. DLA: A Case Study in Federal Contract Disputes
Analyzing the BR Group v. Defense Logistics Agency case, exploring contract bid mistakes, jurisdiction challenges, and lessons for federal contractors.