Who CARES? The ASBCA Might.

In Aviation Training Consulting, LLC, ASBCA No. 63634 (Jan. 11, 2024), the Armed Services Board of Contract Appeals (ASBCA) confirmed that a contractor's properly asserted claim for relief under Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act is a claim under the Contract Disputes Act (CDA) and denied the Air Force's motion to dismiss for lack of jurisdiction.

Aviation Training Consulting submitted a claim seeking an equitable adjustment under the authority of Section 3610 of the CARES Act for costs associated with maintaining its workforce "in [a] ready state" during the COVID-19 pandemic. The claim asserted that the government's withholding of relief under Section 3610 was "deliberate and motivated by arbitrary and abusive considerations." The Contracting Officer (CO) denied the contractor's claim, and the contractor appealed to the ASBCA. The government moved to dismiss the appeal, arguing that the ASBCA lacks subject matter