Armed Services Board of Contract Appeals (ASBCA)
The Armed Services Board of Contract Appeals (ASBCA) hears contractor appeals from contracting officers' final decisions issued by the Department of Defense and its components, NASA, and certain other agencies. We represent contractors at every stage of ASBCA litigation.
Key points about the ASBCA
- An appeal must be filed within 90 days after the contractor receives the final decision. The deadline is jurisdictional.
- An appeal may also be taken from a deemed denial when the contracting officer fails to decide a claim on time.
- Administrative judges with government contracts experience decide the appeals.
- Cases proceed through pleadings, discovery and a hearing, or may be decided on the written record.
- Decisions may be appealed to the U.S. Court of Appeals for the Federal Circuit.
Faster options
For smaller claims, the Contract Disputes Act provides streamlined procedures. The small claims (expedited) procedure is available for claims of $50,000 or less, or $150,000 or less for small businesses, with a decision generally due within 120 days. The accelerated procedure is available for claims of $100,000 or less, with a decision generally due within 180 days. The Board also offers alternative dispute resolution, including mediation by an administrative judge, which resolves many cases efficiently.
How we help
- Choosing between the ASBCA and the Court of Federal Claims
- Filing notices of appeal and complaints
- Discovery, depositions and expert witnesses
- Hearings, briefing and settlement negotiations
- Board-sponsored ADR
Related
If you have received a final decision from a defense agency, call 703.448.1810.
