On the heels of our recent post offering key takeaways from recent release of claims decisions, the ASBCA and the CBCA have published another round of notable opinions regarding contract releases: Supply & Service Team GmbH, ASBCA No. 59630 and ServiTodo, LLC, CBCA 5524. Both decisions are important, albeit for different reasons. The ASBCA decision demonstrates how a release provision in a contract modification providing an equitable adjustment can bar the government from processing an administrative offset against a contractor. The CBCA decision illustrates the difficulties contractors face when attempting to minimize the impact of a broadly worded release of claims provision.
Continue Reading A Tale of Two Contract Releases: One for the Government, One for the Contractor
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When does a contract release release a claim? A classic contract tongue twister.
You are reviewing a contract modification and notice a paragraph titled “Release of Claims.” Do you know what claims will be released by this language? Or worse, the contracting officer just issued a final decision rejecting your claim (under the Contract Disputes Act) because the release in a contract modification constituted an accord and satisfaction. Did you sign that release and realize its impact?
The Civilian Board of Contract Appeals’ (CBCA) recent decision in Perry Bartsch Jr., Constr. Co. v. Dept. of the Int., CBCA 4865, 5071 (December 8, 2016) helps contractors answer these questions and understand the scope and contours of a release. Generally, this case offers important guidance about how to draft a release in an effective and narrow way, and the types of factors that the CBCA will consider when interpreting a release. Specifically, this decision addresses the issue of whether an apparent global release of claims, contained in just one of many contract modifications, can extinguish all potential claims against the Government.
For a more complete review of Bartsch and its implications, please continue reading.Continue Reading When does a contract release release a claim? A classic contract tongue twister.
ASBCA Addresses CDA Jurisdiction Over Claims Involving Contractor Fraud
The Armed Services Board of Contract Appeals (“ASBCA” or the “Board”) recently issued an opinion addressing several important, and controversial, topics of interest to government contractors. The lengthy opinion addressed key issues related to the Board’s jurisdiction over government claims and affirmative defenses based on alleged contractor fraud, the Contract Disputes Act (“CDA”) statute of limitations, and the impact of criminal plea agreements and civil False Claims Act settlements on contract disputes.
Continue Reading ASBCA Addresses CDA Jurisdiction Over Claims Involving Contractor Fraud
High Court to Resolve Split of Authority on “Implied” False Claims
On December 3rd, the Department of Justice released its annual summary of recoveries in False Claims Act (FCA) cases. Although down from last year’s $5.69 billion, this year’s recoveries of $3.5 billion demonstrate the power that the government wields to drive settlements of fraud allegations. Of the $3.5 billion, $1.1 billion in recoveries are attributable to settlements and judgments in cases alleging false claims for payments under government contracts. A good portion of these settlements likely were driven by claims of false implied certifications.
For many years, federal courts have grappled with the issue of whether factually accurate claims submitted to the government for payment can nevertheless be “false or fraudulent,” pursuant to an implied certification theory, because of an underlying violation of law. On December 4th, the Supreme Court granted certiorari in a case that should decide whether this theory of liability is valid.
Continue Reading High Court to Resolve Split of Authority on “Implied” False Claims
GAO’s Annual Bid Protest Report: Fiscal Year 2025 Protest Filings Drop While the Effectiveness Rate Remains High
On December 12, 2025, GAO released its Bid Protest Annual Report to Congress for Fiscal Year 2025, which provides bid protest statistics and other information regarding GAO’s protest system.Continue Reading GAO’s Annual Bid Protest Report: Fiscal Year 2025 Protest Filings Drop While the Effectiveness Rate Remains High
Top 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 Reports
July 2025 Cybersecurity Developments Under the Trump Administration
This is the sixth blog in a series of Covington blogs on cybersecurity policies, executive orders (“EOs”), and other actions of the Trump Administration. The fifth blog is available here and our initial blog is available here. This blog describes key cybersecurity developments that took place in July 2025. …
Continue Reading July 2025 Cybersecurity Developments Under the Trump AdministrationEarly Signs of Progress in the “Revolutionary FAR Overhaul”
On Friday, May 2, the U.S. government announced further steps in its much-discussed plan to re-write the FAR by establishing a “Revolutionary FAR Overhaul” (“RFO”) website on Acquisition.gov, issuing written guidance to federal agencies, and releasing proposed revisions to FAR Part 1 – Federal Acquisition Regulation System and Part 34 – Major System Acquisition. This activity comes on the heels of recent presidential directives requiring agencies to examine and reform their approach to procurement of goods and services, including Executive Order (“E.O.”) 14275, “Restoring Common Sense To Federal Procurement,” and E.O. 14271, “Ensuring Commercial, Cost-Effective Solutions in Federal Contracts.”
As anticipated, the FAR re-write is spearheaded by the Office of Federal Procurement Policy (“OFPP”) within the Office of Management and Budget (“OMB”) and the Federal Acquisition Regulatory Council (“FAR Council”). The RFO website proclaims that the re-write is “the first-ever comprehensive overhaul of the FAR” and aims to “return the FAR to its statutory roots, rewritten in plain language, and remove most non-statutory rules.” It also will result in “non-regulatory buying guides [to] provide practical strategies grounded in common sense while remaining outside the FAR.” In short, the goal is characterized as “faster acquisitions, greater competition, and better results.”Continue Reading Early Signs of Progress in the “Revolutionary FAR Overhaul”
Timeline of Key Developments Related to Recent Executive Actions: April Edition
Updated as of April 30, 2025
Over the first one-hundred days of the second Trump Administration, Covington’s Government Contracts Practice has tracked the latest developments related to recent executive actions most relevant to federal contractors and grantees. This April edition of our key developments timeline provides a targeted overview of…
Continue Reading Timeline of Key Developments Related to Recent Executive Actions: April EditionOMB Issues First Trump 2.0-Era Requirements for AI Use and Procurement by Federal Agencies
On April 3, the White House Office of Management and Budget (“OMB”) released two memoranda with AI guidance and requirements for federal agencies, Memorandum M-25-21 on Accelerating Federal Use of AI through Innovation, Governance, and Public Trust (“OMB AI Use Memo“) and Memorandum M-25-22 on Driving Efficient Acquisition of Artificial…
Continue Reading OMB Issues First Trump 2.0-Era Requirements for AI Use and Procurement by Federal Agencies