Looking For Defense Contract Appeal Trends in Annual Report
The Armed Services Board of Contract Appeals (ASBCA) recently published its annual report for fiscal year 2023. The report, which includes ASBCA's transactions and proceedings, is sent to high-ranking acquisition officials at the U.S. Department of Defense (DoD), Army, Navy, and Air Force – and is available to the public. In this article, Scott Flesch and Alexandra Prime discuss key defense contract appeals insights and trends. They conclude that the reduction in new appeals at the ASBCA appears to coincide with a lower resolution of cases this past fiscal year. However, the ASBCA's merit sustain rate remains high. Parties also appeared to pursue ADR less frequently but were more likely to pursue expedited or accelerated appeals procedures. Flesch and Prime acknowledged at the same time, parties filed significantly more dispositive and nondispositive motions than in prior fiscal years, making it much more likely that the appeal or parts of the appeal will eventually be resolved before a hearing — even if the final resolution may take longer than in years past.