The Armed Services Board of Contract Appeals (the “ASBCA” or “Board”) recently rejected an unprecedented request from the U.S. Army Corps of Engineers (the “Corps”) to withhold publication of a Board decision on the merits in a construction delay appeal brought by KiewitPhelps. In a decision issued on June 25, 2026 (released publicly on July 16, 2026), the Board held that it was bound by the Freedom of Information Act (“FOIA”) and its own rules to publish the decision, and that the Corps had not demonstrated a basis for overcoming that requirement. This decision is noteworthy not only because the Board found no legal basis to suppress the opinion, but also because, as the Board observed, such a request had never before been directly presented to the Board.
Continue Reading ASBCA Denies Unprecedented Request to Keep Decision Out of Public ViewFAR Council Proposes 90-Day Deadline for Termination Settlement Proposals
As part of the Revolutionary FAR Overhaul, the FAR Council has issued a proposed rule to revise FAR Part 49, Termination of Contracts, that would significantly accelerate the timeline for submitting termination settlement proposals following a termination for convenience. Under the proposed rule, contractors would be required to submit termination settlement proposals to the contracting officer within 90 days after termination—nine months earlier than the current one-year deadline. According to the FAR Council, the change is intended “to improve the efficiency of the settlement process by addressing delays experienced under the current framework.”
Continue Reading FAR Council Proposes 90-Day Deadline for Termination Settlement Proposals
Indirect Doesn’t Mean Exempt: ASBCA Rejects Cross‑Motions Over U.S.-Flag Transportation Costs
The Armed Services Board of Contract Appeals’ (ASBCA) decision in Lockheed Martin Aeronautics Co., ASBCA No. 63621, reinforces a critical principle for government contractors: contract performance requirements operate independently of cost accounting classifications. Contractors cannot avoid substantive FAR and DFARS obligations—here, U.S.-flag transportation requirements—by treating costs as
Continue Reading Indirect Doesn’t Mean Exempt: ASBCA Rejects Cross‑Motions Over U.S.-Flag Transportation CostsTariff Takedown: Implications of Tariff Refunds for Government Contractors
On February 20, 2026, the Supreme Court struck down an extensive series of tariffs imposed last year by President Trump, holding that they were not authorized under the International Emergency Economic Powers Act (“IEEPA”). And on March 4, 2026, the United States Court of International Trade began the process of refunding certain of “the millions of entries that were subject to IEEPA,” through a process known in the international trade context as liquidating.
These recent decisions by the Supreme Court and Court of International Trade may prompt federal contractors to consider seeking refunds of tariffs paid to import goods required to perform under their government contracts. As we covered in a previous post, government contracts may contain clauses allowing for price increases following the imposition of a new federal tax. These clauses can also work the other way and require a price decrease (or a credit to the Government under a cost-reimbursement contract) in the event of an after-relieved tax.
Continue Reading Tariff Takedown: Implications of Tariff Refunds for Government ContractorsStop-Work Means Stop Work (…Until It Doesn’t): Lessons from Wolverine Tube
A recent decision from the Armed Services Board of Contract Appeals (ASBCA) is a timely reminder that, when it comes to stop‑work orders, the clause the government actually invokes—not the one it later wishes it had—can be outcome‑determinative. In Wolverine Tube, Inc., ASBCA No. 63877 (Jan. 22, 2026), the Board rejected the Air Force’s attempt to retroactively recharacterize a stop‑work order and held that the order expired by its own terms after 90 days. Although the contractor did not obtain summary judgment on most of its claimed costs, the decision breaks new ground on how protest-related stop-work orders operate, what happens when they lapse, and how far the government can go in arguing that “stop work” really meant “stop incurring costs forever.”
Continue Reading Stop-Work Means Stop Work (…Until It Doesn’t): Lessons from Wolverine TubeTop Five Trends and Takeaways from the FY 2025 ASBCA and CBCA Annual Reports
As fiscal year (“FY”) 2025 closes, both the Armed Services Board of Contract Appeals (“ASBCA”) and Civilian Board of Contract Appeals (“CBCA”) released their annual reports. Together, the two reports provide a useful snapshot of case volumes, outcomes, agency trends, and procedural developments. We break down the findings and, most importantly, what they mean for contractors navigating claims and disputes in FY 2026.
Continue Reading Top Five Trends and Takeaways from the FY 2025 ASBCA and CBCA Annual ReportsYou Can’t Always Get What You Want: ASBCA Channels Rolling Stones and Awards Contractor $4.9 Million in Delay Damages
A recent decision by the Armed Services Board of Contract Appeals found the Navy liable to a commercial crane manufacturer for delay damages. In Konecranes Nuclear Equip. & Servs., LLC, ASBCA No. 62797, 2024 WL 2698011 (May 7, 2024), the Board reiterated the age-old lesson—you have to read the contract—and provided guidance about how to calculate the delay damages. Beyond that, the Board found apparent inspiration for part of its holding in an unlikely source: a classic song by the Rolling Stones.
Continue Reading You Can’t Always Get What You Want: ASBCA Channels Rolling Stones and Awards Contractor $4.9 Million in Delay DamagesWondering Whether Your IDIQ Award Will Be Subject to CAS? New Rules May Be Coming Soon from the CAS Board.
The Federal government may soon adopt new rules for when indefinite delivery contracts and orders are subject to the Cost Accounting Standards. According to a June 18, 2024 notice, the CAS Board is considering multiple different approaches to this issue, and it has invited comments from the public.
Continue Reading Wondering Whether Your IDIQ Award Will Be Subject to CAS? New Rules May Be Coming Soon from the CAS Board.Contractors Had a Strong Success Rate Before the CBCA in FY 2023
The Civilian Board of Contract Appeals has published its annual report for FY 2023, providing data regarding the number of appeals and contractor success rates at the Board. The data illustrated a number of noteworthy points — and a few welcome trends — for the contracting community.
Continue Reading Contractors Had a Strong Success Rate Before the CBCA in FY 2023ASBCA Issues Annual Report, Providing Data on How Often Contractors Prevail
The Armed Services Board of Contract Appeals has issued its annual report for FY 2023, shedding light on how often contractor appeals reach a successful result, and what agencies are most frequently involved in contract litigation.
Continue Reading ASBCA Issues Annual Report, Providing Data on How Often Contractors Prevail