ASBCA’s FY 2023 Report – A Look at the Numbers

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.