Several years ago the federal boards of contract appeals were consolidated into two principal boards: the Armed Services Board of Contract Appeals and the Civilian Board of Contract Appeals. While the Postal Service board and Tennessee Valley Authority board continue to exist, the boards have otherwise been consolidated from 11 down to two.
The CBCA has assumed the responsibilities of former boards such as Agriculture, General Services, Department of Transportation, Veterans Affairs, Energy and Labor. The ASBCA has retained its traditional DOD jurisdiction for the Corps of Engineers and NASA boards. This consolidation leads to an interesting question. Are the results of contractor appeals to the new boards consistent with what contractors previously expected under the old boards?
Navigant Consulting, Inc., a global expert services firm serving the construction and engineering industries and presenters of WPL's upcoming webinar on Construction Scheduling, recently studied this issue. The investigators examined results from the old boards in construction related cases, categorizing them as for the government, for the contractor, or mixed. The investigators then performed a similar examination of results from the new ASBCA and CBCA. The results were then compared.
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