Friday, October 30, 2015

ASBCA's Annual Report

The Armed Services Board of Contract Appeals (ASBCA) issued its Fiscal Year 2015 Annual Report summarizing the adjudication of appeals of DoD agencies as well as CIA, NASA, and the Washington Metropolitan Area Transit Authority. (There are other Boards of Contract Appeals; the CBCA (Civilian Board of Contract Appeals) being the second largest behind the ASBCA).

This annual report provides some statistical insight into the activities of the Board. In summary, 668 appeals were docketed during Fiscal Year 2015 and 647 were disposed. That was a net increase of 21 cases indicating that the Board didn't lose too much ground in disposition cases during the year. At the end of Fiscal Year 2015, the backlog of appeals pending numbered 1,087 cases.

Of the 647 appeals dispositioned during the year, 64 were sustained and 57 were denied. The remaining 526 cases were dismissed. There was no indication in the report concerning the reasons for dismissal. Often times, dismissals are the result of settlement between the parties prior to trial.

During the year, there were 41 elections to have appeals processed under Rule 12, Expedited and accelerated procedures, 8 applications under the Equal Access to Justice Act (attorney fees), and 13 motions for reconsideration.

Parties requested the Board's non-binding ADR services 37 times. During the year, 31 ADR requests were concluded. 29 of the 31 requests were successful and only two were unsuccessful.

Of the 121 appeals disposed on merit, 53 percent were decided in favor of the appellant.

You can read the entire annual report here.

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