ASBCA’s FY 2023 Report – A Look at the Numbers
Client Alert | 1 min read | 11.08.23
On November 1, 2023, the Armed Services Board of Contract Appeals (ASBCA) published its FY 2023 Report of Transactions and Proceedings, which provides statistics regarding the adjudication of appeals between contractors and the Army, Navy, Air Force, Corps of Engineers, Central Intelligence Agency, National Aeronautics and Space Administration, Defense Logistics Agency, Defense Contract Management Agency, other Defense agencies, Non-Appropriated Fund Instrumentalities, and the Washington Metropolitan Area Transit Authority.
According to this year’s report, contractors prevailed on 67% of the appeals decided on the merits, continuing a recent uptick in contractor success relative to the success rate of 53% in 2020 and 2021. The report also indicates that the Board’s alternative dispute resolution program remains highly successful, resolving 94% of appeals for which the parties completed ADR in FY 2023. Additionally, the Federal Circuit continued to see steady action from the ASBCA, docketing 14 new appeals beyond the 16 ASBCA matters already on appeal.
It is encouraging to see that the Board continues to have a high percentage of successful contractor appeals, but these statistics also show that the Board’s ADR program remains an important tool to successfully resolve disputes at the ASBCA.
We would like to thank Crowell's Senior Law Clerk Tyler Piper for his contribution to this alert.
Contacts
Partner
She/Her/Hers
Insights
Client Alert | 4 min read | 04.22.25
The Federal Circuit recently addressed a case of first impression involving AI patented technology under 35 U.S.C. § 101 to hold that “claims that do no more than apply established methods of machine learning to a new data environment” are not patent eligible. This case provides helpful guidance for patent prosecutors on how to draft claims directed to AI technology to be patent-eligible and for litigators on how to attack or defend AI patents.
Client Alert | 2 min read | 04.21.25
Agencies to Curtail Unique, Customized Acquisitions in Favor of Commercial Products and Services
Client Alert | 4 min read | 04.21.25
ClassPass’ Petition for Rehearing Will Tell the Future of Sign-In Wrap Agreements on the Internet
Client Alert | 5 min read | 04.21.25
DOJ Secures First Criminal Wage-Fixing Conviction in Home Health Care Staffing Case
