WITH PROTESTS ALIVE & WELL, IT’S NO SURPRISE THAT DISPUTES ARE TOO

What do the Department of Veterans Affairs, GSA, and the Department of State have in common?  They were the top three agencies in fiscal year 2024 with disputes before the Civilian Agency Board of Contract Appeals (CBCA).  Contract protests get most of the attention, but the CBCA heard over 390 cases last year, with its partner, the Armed Services Board of Contract Appeals (ASBCA) handling 276. The Army Corps of Engineers was the leading agency active in ASBCA cases, with the Navy being the largest military branch with disputes. While the ASBCA has seen a significant drop in total cases, nearly 100 disputes in FY’24 were handled via Alternative Dispute Resolution (ADR).  Also, with well over 600 formal disputes between the two venues, there is plenty of activity.  What gets disputed most often?  About 40% of the CBCA’s FY’24 work was dedicated to Contract Disputes Act cases. These are matters where a current contractor has formal issues with its federal customer over some matter of performance on a specific contract.  Payment, differing site conditions, and delays are three common dispute areas. Some contractors may be reluctant to take matters before one of the appeals boards, but they should consider such action if their concerns cannot be resolved by the contracting officer.  Just as with protests, companies have every right to protect themselves if they believe that the government is not acting properly on the execution of a contract.  Before filing a dispute, however, contractors are usually required to obtain a formal Contracting Officer’s Final Decision.  This is a document giving the CO’s final opinion on a contested matter.  A company can then file a case with the relevant board to have their dispute heard.  Outside counsel is usually a good idea in these cases as experienced attorneys can guide clients through the specifics of their case.  Remember these dispute boards if you ever have an issue that can’t be resolved at the agency level.