Section 809 Panel Weighs in on Ways to Modernize the Board of Contract Appeals
Client Alert | 1 min read | 02.01.19
In the Section 809 Panel’s third and final volume of its report, the panel urged Congress to require contractors and contracting officers to use electronic case management system (ECMS) for the Boards of Contract Appeals and to permit the boards to collect user fees to pay for the upkeep of the system. The panel used the Armed Services Board of Contract Appeals (ASBCA) as a case study citing to voluminous records and an uptick in cases since 2009 as a reason to require the use of an ECMS.
The panel also urged Congress to increase the thresholds for accelerated and expedited appeals before the Board of Contract Appeals. The panel noted that the thresholds established in the Contract Disputes Act of 1978 were amended once in 1994 and have not been amended since. The panel recommends the following increased thresholds: (1) $250,000 threshold for accelerated procedures for all businesses (previously $100,000); and (2) $150,000 threshold for expedited procedures (previously $50,000) or $250,000 for small business concerns (previously $150,000). The time period for the boards to issue decisions under the accelerated and expedited procedures would remain unchanged. The panel recommended requiring threshold review every five years to mirror the requirement for other acquisition-related thresholds.
Contacts
Insights
Client Alert | 3 min read | 04.14.26
On Friday, April 10, 2026, the U.S. Department of Justice (DOJ) announced that International Business Machines Corporation (IBM) has agreed to pay just over $17 million to resolve allegations that it violated the False Claims Act (FCA) by failing to comply with federal anti-discrimination requirements incorporated into its federal contracts due to allegedly discriminatory diversity, equity, and inclusion (DEI) employment practices. This resolution marks the first FCA settlement secured by the DOJ under its Civil Rights Fraud Initiative, created in May 2025, and announced by then-Deputy Attorney General Todd Blanche as part of the administration’s coordinated efforts to target allegedly unlawful DEI practices. Per the agreement, the settlement is neither an admission of liability by IBM nor a concession by the United States that its claims are not well founded.
Client Alert | 4 min read | 04.14.26
FedRAMP Solicits Public Comment on Overhaul to Incident Communications Procedures
Client Alert | 5 min read | 04.14.26
Client Alert | 4 min read | 04.14.26



