How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line
Click here to view the recorded session. When government contractors receive an adverse decision from a contracting officer, it can be difficult to balance the costs, performance risks, and impact on future opportunities while considering litigation. Fortunately, the Boards of Contract Appeals (BCAs) offer an alternative to traditional court proceedings that may better align with your business goals. Join PilieroMazza’s Lauren Brier and Josie Farinelli as they explore how the BCAs work and why they might be the right venue for your next appeal. This . . . Read More
How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line, Part 4
Government contractors, particularly small business contractors, often share that their experience with Alternative Dispute Resolution (ADR) is costly and inefficient. This may be true of traditional ADR involving paid neutrals or mediation services, as often found in binding arbitration clauses within subcontracts. However, the stated goals of ADR before the Boards of Contract Appeals (BCA) are informality, expedience, and inexpensiveness. Where settlement negotiations fail but both the government and the contractor are still interested in resolving the dispute before a . . . Read More
How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line, Part 3
Generally, government contractors proceeding towards a Board of Contract Appeals (BCA) decision are wise to take the safe, traditional route. While it can be a long and winding road—engaging in pleadings, discovery, a hearing, and a decision—this process presents the least risk of getting lost. For risk-averse contractors whose priority is having their legal issues fully investigated, considered, and addressed by the BCAs, this is often the best strategy. However, in certain situations—e.g., when the parties urgently need the BCA’s . . . Read More
How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line, Part 2
This week, we take a closer look at how a government contractor ends up before a Board of Contract Appeals (BCA). CDA appeals don’t appear out of thin air—it can take months, if not years, for a dispute to morph into an appeal. The choices federal contractors make along the way have a tremendous impact on their chances of successful litigation before the BCA. In this installment of our four-part series, PilieroMazza’s GovCon attorneys walk through a typical CDA dispute . . . Read More
How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line, Part 1
When faced with the prospect of appealing an adverse decision from a contracting officer, government contractors may wonder whether it’s possible to prioritize costs, performance ratings, and future prospective contracts while engaging in litigation. The Boards of Contract Appeals (BCAs) may suit those purposes, as they aim to provide federal contractors the opportunity to have their appeal heard before an independent board of administrative judges without the expense, timeline, and formality associated with traditional litigation at the Court of Federal . . . Read More
Not So Fast: Recent ASBCA Decision Highlights Government’s Burden Before Terminating a Contractor for Default
A recent decision from the Armed Services Board of Contract Appeals (ASBCA or Board) offers a useful reminder that the government must do more than point to performance problems when terminating a contract for default before completion. Although Jaxon Construction, Inc., ASBCA No. 64432 (June 24, 2026) was issued under the ASBCA’s Small Claims/Expedited procedures and therefore lacks precedential value (previously explained in our blog series about how the Boards of Contract Appeals work), government contractors should still take note . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – July 9, 2026
The Weekly Update recaps recent legislative and regulatory updates affecting government contractors and commercial businesses. If you have questions concerning this content, please email marketing@pilieromazza.com. _____________________________________________ GOVERNMENT CONTRACTS Federal Acquisition Regulation (FAR) Council Guidance Agency Implementation of Executive Order (EO) 14402, Promoting Efficiency, Accountability, and Performance in Federal Contracting: On July 1, the FAR Council published guidance and updated the Revolutionary FAR Overhaul (RFO) to update RFO part 16, Types of Contracts, requiring agencies to update their class deviations by July 15, . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – May 28, 2026
The Weekly Update recaps recent legislative and regulatory updates affecting government contractors and commercial businesses. If you have questions concerning this content, please email marketing@pilieromazza.com. _____________________________________________ GOVERNMENT CONTRACTS House Small Business Committee Unanimously Advances “Rule of Two” Bill Toward Full House Vote, PilieroMazza Client Alert, Antonio R. Franco, Jacqueline K. Unger In a significant development for the small business federal contracting community, the House Small Business Committee unanimously approved an amended version of H.R. 2804, the Protecting Small Business Competitions Act of 2025, advancing . . . Read More
Contract Claims 101: Uncommon Theories, Part 5
While it is likely only a matter of time before contractors working for federal agencies become familiar with the government contract claim issues discussed in Part 4 of our series (e.g., changes, delays, defective specifications, and terminations), it is equally important that contractors are also aware of the less common and often more difficult claim theories recognized by federal courts as well as boards authorized under the Contract Disputes Act (CDA). These claims are less common as they often flow . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – May 14, 2026
The Weekly Update recaps recent legislative and regulatory updates affecting government contractors and commercial businesses. If you have questions concerning this content, please email marketing@pilieromazza.com. _____________________________________________ GOVERNMENT CONTRACTS House Committee to Consider Legislation Codifying the Rule of Two for Small Business Set-Asides, PilieroMazza Client Alert, Antonio R. Franco, Jacqueline K. Unger On Wednesday, May 20, the House Committee on Small Business is scheduled to consider legislation that would codify the Rule of Two into federal law. Stakeholders have a near-term opportunity to . . . Read More