Appellate attorneys: Find a lawyer with federal contracts experience when appealing the agency’s decision to the Armed Services Board of Contract Appeals. Avoid costly mistakes with ASBCA jurisdiction and rules.
When government defense contractors receive an adverse decision from a federal contracts agencies, filing a timely appeal to the Armed Services Board of Contract Appeals (ASBCA cases) would be the next step. Many companies with DOD contracts make costly legal mistakes when filing an appellate case and should be aware of the various legal landmines involved with DOD contracts.
Small business contractors and large businesses should be aware that the ASBCA gets its jurisdiction from the Contract Disputes Act (41 USC 7101-7109), its Charter, or other remedy-granting provisions. The majority of matters on the ASBCA’s docket involve appeals by defense contractors from government contracting officers’ final decisions or failure to issue decisions.
- Prompt responses for administrative law disputes
- Cost effective legal solutions and
- Clear direction to our clients and avoid litigating based on guesswork.
With law offices located in Washington DC and Colorado, the federal government contracts lawyers at Watson & Associates, LLC frequently help government contractors to appeal adverse contracting officer final decisions to the ASBCA involving DOD contracts, service contract disputes and appeals, and other federal contract projects.
Armed Services Board of Contract Appeals Lawyer Services
A government contracts lawyers and appellate attorney at Watson can help you with:
- Contract Dispute Cases
- ASBCA decisions and jurisdictional disputes
- Contract Claims Appeal from CO final decision
- Termination for Default government contract disputes
- Construction contract disputes appeal services
- Equitable Adjustments
- Scope changes
- Quantum ASBCA cases
- Service contract disputes and appeals
- Differing site conditions and more ASBCA cases
- Motion for reconsideration
- Challenging Armed Services Board of Contract Appeals decisions to the Federal Cricuit Court
Avoiding common procedural problems with DOD contracts appeal cases: many cases appealed to the Armed Services Board of Contract Appeals for government contract disputes when there was no legal contracting officer final decision. Meeting the requirements of the Contract Disputes Act is one of the most highly litigated issues. Federal government contractors use our legal expertise to avoid costly legal mistakes. The goal of our appeals lawyer is to focus on the legal merits of the case and to convince the ASBCA make a decision that the agency committed a legal error or violated procurement laws.
For example, when an appeals case is filed but the contractor failed to submit a signed certification to Contracting Officer prior to filing appeal, the ASBCA will dismiss the case for lack of jurisdiction. See ASBCA Nos. 60814, 60864 (June 1, 2017). See also Andrews Contracting Services, LLC, ASBCA Decisions No. 60808 (May 22, 2017) (ASBCA dismisses the appeal because contractor’s Request for Equitable Adjustment did not request a Contracting Officer’s decision and, therefore, was not a CDA claim). These are all costly legal mistakes that can be avoided by using experienced government contract lawyers at Watson & Associates, LLC.
Common Questions and Answers About Appealing in ASBCA Cases
When must you appeal your case to the ASBCA?
To start an appeal from a contracting officer’s final decision to an agency board, government contractors must file within 90 days from the contractor’s receipt date of the CO final decision. 41 USC 7104. This 90-day appeal period is statutory and may not be waived or extended. See Cosmic Construction Co. v. United States, 697 F.3d 1389, 1390 (Fed. Cir. 1982).
Does the Agency Have to Accept a Typed Signature on Your Claim?
No. Even if it does, the Armed Services Board of Contract Appeals can decide that a typed signature block is not valid. Therefore, no jurisdiction to hear an appeal. See NileCo General Contracting LLC, ASBCA No. 60912 (Sep. 22, 2017).
Do Companies Without Representation By Legal Counsel Get to Escape Procedural Requirements?
No. Pro se litigants (those without an attorney, are held to a less stringent pleading standard than those represented by legal counsel. See, Haines v. Kerner, 404 U.S. 519, 520 (1972). However, pro se litigants, However, they are not exempt from meeting jurisdictional prerequisites.
Over 30 years experience in federal government contracts law: With a combined effort of our ASBCA appeal lawyers, we have acquired favorable results for our clients in various government contract law areas. See some of our representative cases.
Whether you are appealing a termination for default or filing Armed Services Board of Contract Appeals cases for other contract disputes, our government contract appellate attorneys can help.
Call Our Armed Services Board of Contract Appeals Appellate Attorneys & Government Contract Lawyers
If you looking to find a lawyer for a prompt response to appealing to the Armed Services Board of Contract Appeals, file a motion for reconsideration, and to meet ASBCA mandatory procedural deadlines, call our government contracts lawyers and federal appeal lawyers for a Free Initial Consultation at 1-866-601-5518.