Armed Services Board of Contract Appeals     asbca

 


Attention

Effective March 16, 2020, until further notice: Due to covid-19 related restrictions, the Board is open with most employees working remotely. The best way to communicate with the Board is by email at asbca.recorder@mail.mil or by telephone at 703-681-8502.

The Board prefers not to receive paper documents. Unclassified documents, other than Rule 4 file documents, should be emailed to the Board's Recorder at asbca.recorder@mail.mil.  Unclassified Rule 4 file documents, and other documents too large (>10MB) to be sent by email, should be submitted to the Board via DoD's secure access file exchange service, DoD SAFE, at https://safe.apps.mil, using asbca.recorder@mail.mil for the recipient's email address.  If you are a non-government entity, you must request to use DoD SAFE.  Send your request to use DoD SAFE to asbca.recorder@mail.mil and one of our IT staff will contact you with instructions.  The parties are responsible for providing each other with copies of any documents they submit to the Board.  Classified documents may not be submitted by email or DoD SAFE. 

APPELLANTS PLEASE NOTE: Notices of Appeal and Complaints should be submitted without exhibits or other attachments (except, attach a copy of the contracting officer's final decision, if you have one, to your Notice of Appeal). Documents attached to a Notice of Appeal or Complaint are not routinely considered part of the record upon which the Board's decision will be rendered. Board Rule 4(a) requires the government to transmit to the Board and appellant an appeal file consisting of documents the government considers relevant to the appeal. Once you receive the government's Rule 4 file, you may supplement the Rule 4 file with any additional documents you consider relevant to the appeal (see Board Rule 4(b)).

Welcome

 Welcome to the Armed Services Board of Contract Appeals (ASBCA) website.  The ASBCA is a neutral, independent forum which has been in existence for over fifty years.  Its primary function is to hear and decide post-award contract disputes between government contractors and the Department of Defense; the National Aeronautics and Space Administration; the Central Intelligence Agency, as appropriate; and other entities with whom the ASBCA has entered into agreements to provide services.  The ASBCA functions under the Contract Disputes Act (41 U.S.C. §§ 7101-7109), its Charter, or other remedy-granting provisions.  The majority of matters on the ASBCA's docket involve appeals by contractors from government contracting officers' final decisions or failures to issue decisions.  

 An appeal will be processed pursuant to the ASBCA's Rules.  The Rules allow a contractor to represent itself without a lawyer and the Rules have provisions for the accelerated processing of small dollar amount claims, which can be as much as $150,000 in the case of a qualifying small business.  Most hearings, if required, will be held by a single Administrative Judge, either at the ASBCA’s offices in Falls Church, Virginia, or, if appropriate, in a location more convenient to the parties.  Most decisions are made by a panel of three Judges, as the ASBCA functions in a collegial manner.

 As a matter of judicial philosophy, the ASBCA encourages parties to attempt to negotiate a resolution of their dispute.  In conjunction with that philosophy, the ASBCA has developed a highly successful, award-winning, Alternative Dispute Resolution (ADR) program.  If the parties make a joint request to the Chairman to use the ASBCA's mediation services, and the parties and the ASBCA agree the dispute is suitable for mediation, the Chairman will provide a Judge to assist the parties in developing an appropriate binding or non-binding ADR process.  The ASBCA has sample ADR forms available online for guidance.

 In addition to mediating appeals on its docket, the ASBCA has, in appropriate cases, mediated disputes prior to the formal filing of a claim, prior to the issuance of a contracting officer’s final decision and prior to the filing of an appeal.  The ASBCA has provided its services to various agencies and forums, including mediating matters pending before Federal courts.

 

Armed Services Board of Contract Appeals
Skyline 6, Suite 700
5109 Leesburg Pike
Falls Church, VA 22041-3208


General Inquiries: 703-681-8500
Office of the Chairman, Vice Chairmen, General Counsel: 703-681-8501
Recorder's Office: 703-681-8502


Chairman: Judge John J. Thrasher
Vice Chairman: Judge Richard Shackleford
Vice Chairman: Judge Owen C. Wilson
Vice Chairman: Judge J. Reid Prouty
General Counsel: Catherine A. Stanton
Executive Director/Deputy General Counsel: Jeffrey D. Gardin
Recorder: Paulla K. Gates-Lewis