Key Takeaways from Armed Services Board's FY 2025 Report
Law360
The Armed Services Board of Contract Appeals (ASBCA) recently published its annual report for fiscal year 2025. In this article, Scott Flesch and Jason Workmaster review how the fiscal year 2025 statistics compare to previous years and discuss the trends emerging in government contracts cases before the ASBCA. In fiscal year 2025, the ASBCA provided relief to contractors appealing a contracting officer decision in 67 percent of cases decided on the merits. While new case filings increased, overall case resolutions declined. The authors note that motions practice slightly increased, but the number of hearings held by the board decreased while resolving more cases. At the same time, the pursuit of Alternative Dispute Resolution (ADR) in cases notably decreased, as did the pursuit of quicker resolution under the ASBCA's expedited and accelerated case proceedings. Flesch and Workmaster said this indicates that the ASBCA's ADR program, while still an attractive option for contractors seeking quick and cost-effective relief, was considered less suitable this last year. Despite this trend, choosing ADR remains an efficient alternative to a prolonged appeal process, which includes discovery, a hearing, and a merit decision.