Define: Armed Services Board Of Contract Appeals

Armed Services Board Of Contract Appeals
Armed Services Board Of Contract Appeals
Quick Summary of Armed Services Board Of Contract Appeals

The Armed Services Board of Contract Appeals assists in resolving contract disputes made by the Department of Defense and other government agencies. They impartially hear arguments from both parties and render a decision, which is subject to judicial review.

Full Definition Of Armed Services Board Of Contract Appeals

The Armed Services Board of Contract Appeals is a quasi-judicial board that reviews appeals from final decisions made by contracting officers. It has the authority to handle disputes related to contracts made by the Department of Defense and designated civilian agencies. While the board possesses some of the powers of a court, it is not a full court. Its decisions are subject to judicial review, meaning they can be reviewed by a higher court.

For instance, if a contractor disagrees with a final decision made by a contracting officer regarding the terms of a contract, they can appeal to the board. The board will then review the case and make a decision, which can be further reviewed by a higher court if necessary. Similarly, if a contractor believes they have not been fully paid for their services, they can appeal to the board. The board will consider the terms of the contract and other relevant factors to make a decision.

In summary, the Armed Services Board of Contract Appeals functions as a quasi-judicial board that reviews appeals from contracting officers’ final decisions. It has the power to make decisions based on contract terms and other relevant factors, and its decisions can be reviewed by a higher court if needed.

Armed Services Board Of Contract Appeals FAQ'S

The ASBCA is an independent tribunal that resolves contract disputes between contractors and the Department of Defense (DoD) related to procurement and acquisition matters.

To file an appeal with the ASBCA, you must submit a written notice of appeal within 90 days of receiving the contracting officer’s final decision. The notice should include specific details about the dispute and the relief sought.

The ASBCA has jurisdiction over a wide range of contract disputes, including claims for payment, termination for convenience, changes to contract terms, and disputes related to defective specifications or performance.

Yes, you have the right to represent yourself in ASBCA proceedings. However, it is highly recommended to seek legal counsel, as the process can be complex and having an experienced attorney can greatly increase your chances of success.

The timeline for resolving a case at the ASBCA can vary depending on the complexity of the dispute. On average, it can take anywhere from several months to a few years for a case to be fully resolved.

Yes, if you are dissatisfied with the ASBCA’s decision, you have the right to appeal to the United States Court of Appeals for the Federal Circuit. However, it is important to note that the Federal Circuit only reviews legal issues, not factual determinations made by the ASBCA.

No, there are no filing fees associated with filing an appeal with the ASBCA. However, you may incur legal fees if you choose to hire an attorney to represent you.

Yes, the ASBCA has the authority to award monetary damages to contractors who have suffered financial losses as a result of a breach of contract or other contractual disputes.

Yes, in certain cases, the ASBCA can order specific performance, which means requiring the government to fulfill its contractual obligations as originally agreed upon.

Yes, the ASBCA’s decisions are legally binding and can be enforced through various means, including seeking a court order for enforcement or filing a claim with the appropriate government agency responsible for payment.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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