Armed Services Board of Contract Appeals

Understanding Contract Appeals

The Armed Services Board of Contract Appeals (ASBCA) is a neutral, independent forum that makes decisions regarding contract disputes between the contractor and the Department of Defense (DOD) or other agencies affiliated with the ASBCA.   

The ASBCA predominantly oversees appeals made by contractors disagreeing with a contracting officer’s performance-related decisions. An appeal is processed according to the rules of the ASBCA. Although the ASBCA rules allow contractors to represent themselves on appeal, doing so without an Armed Services Board of Contract Appeals attorney could be costly.   

When to File An Appeal

As a government contractor, if you have received an unfavorable decision (such as a denied claim or a termination for cause or default) from the DOD or affiliated federal agencies, you have a very short time (90 days) to file an appeal with the Armed Services Board of Contract Appeals.

It is common for contractors to make errors when filing an appeal under a DOD-related contract. If you are unaware of the legal landmines associated with these particular contracts, the financial cost could be considerable.   

Our experienced team of Armed Services Board of Contract Appeals attorneys can help prevent mishaps and mitigate unnecessary expenses. Many cases are dismissed because they were not filed promptly – even though the case had merit. Do not let this happen to you.   

Representation by our team will provide you with the following:  

  • Prompt response and communication regarding your contract dispute matter;  
  • A detailed review of the facts of your case and any evidence that supports the merit of your appeal;  
  • Assistance in understanding the law and the relevant jurisdiction;  
  • Cost-effective contract dispute resolutions;  
  • A clear and honest direction that helps you to avoid litigation.  

Why an Experienced Armed Services Board of Contract Appeals Attorney is Important

The ASBCA rules are complex and can overwhelm those unfamiliar with the procedure. This is true for small businesses interested in engaging in an accelerated appeal process (process available for claims worth less than $150,000) and for larger businesses seeking appeals under multi-million- or billion-dollar contracts.   

A fair number of cases before the ASBCA are resolved through alternative dispute resolution. An administrative judge will be assigned to listen to the evidence and provide a final decision for the cases that proceed to trial. 

If you need assistance in appealing a final decision involving a DOD, federal service, and other appeals or contracts, contact us. Our Armed Services Board of Contract Appeals attorneys stand ready to help!  

Our Practice Focus

Bid Protests
Contract Claims & Dispute Litigation
   Court of Federal Claims
   Cooperative & Teaming Agreements
   Compliance & Investigations
Board of Contractor Appeals
   Armed Services Board of Contractor  Appeals
   Civilian Board of Contractor Appeals
   U.S. Postal Service Board of Contractor Appeals
Whistleblower & False Claims Act
Suspension & Debarment Actions
Small Business Contracting
   SBA HUBZone
   Veteran Owned (VOSB & SDVOSB)

What Makes Us Different

Elite Bid Protest Team

Deep Litigation Experience & Success Involving COFC and ABSCA Claims

Millions in CDA Claims Recovered

Frequently Asked Questions

Government contracting refers to the process through which federal, state, or local government agencies purchase goods and services from private businesses or individuals to fulfill their operational needs and public services. 

Government contracting is regulated by various laws and regulations, including the Federal Acquisition Regulation (FAR), agency-specific regulations, the Competition in Contracting Act (CICA), the False Claims Act, and various socio-economic programs. 

The FAR is a set of rules and guidelines issued by the federal government that govern the acquisition process for all executive agencies. It covers various aspects of contracting, including procurement procedures, contract administration, and contractor responsibilities. 

We assist clients by reviewing and understanding relevant regulations, ensuring they have appropriate policies and procedures in place, providing training on compliance, and conducting internal audits to identify and address potential issues. 

A bid protest is a formal complaint filed by a bidder or offeror who believes that a government procurement process was conducted unfairly, improperly, or in violation of procurement laws and regulations. 

Speak with An Armed Services Board of Contract Appeals Attorney