1. Home
  2. |Insights
  3. |(Re)Ordered: DoD Revises and Reorders ASBCA Rules

(Re)Ordered: DoD Revises and Reorders ASBCA Rules

Client Alert | less than 1 min read | 07.23.14

On July 21, DoD published a final rule to update the Rules of the Armed Services Board of Contract Appeals, "revis[ing] and reorder[ing] the Board's Rules for clarity and consistency and account[ing] for changes in technology." Attached is a redline document reflecting the changes to the Board's rules, which, notably, formalize prior guidance on issues such as summary judgment briefing and filing by electronic mail and add two addendums: (1) Equal Access to Justice Act Procedures, and (2) Alternative Methods of Dispute Resolution.


Insights

Client Alert | 1 min read | 08.10.26

ASBCA Denies Government Motion to Dismiss, Providing Key Guidance on Contractor Claim Standards Post-ECC International

In Appeal of Bahadir (a C&M case), the Armed Services Board of Contract Appeals denied the government’s motion to dismiss in its entirety, ruling in favor of the contractor on both key issues raised by the government. The case arises from a contract for construction work at Al Udeid Air Base in Qatar, under which Appellant alleged government-caused delay and filed certified prolongation claims using a “windows analysis” methodology. The government moved to dismiss, arguing that Appellant failed to state a sum certain for each of what the government characterized as 38 distinct claims, and separately that four claims had not been properly presented to the Contracting Officer. ...