Appeal to Board of Contact Appeals

There are eleven (11) agency boards of contract appeals (BCA's) where contractors file contract appeals. One of the largest of these BCA's is the Armed Services Board of Contract Appeals (ASBCA). The basic procedure is for a contractor to initiate an appeal to the appropriate BCA by filing a "Notice of Appeal". The Notice must be filed with the BCA within ninety days of receipt of the CO's final decision. Failure to file the notice within this time defeats the board's jurisdiction to hear the case. The Notice of Appeal is usually a simple letter stating that the contractor is appealing the CO's final decision. The date of the final decision and the contract number should be included in the notice. The recorder ( i.e., the clerk) of the applicable BCA will then inform the Government and the contractor that the case has been "docketed". Under the standard BCA rules, the contractor (now, "appellant") must file a complaint within thirty days of the docketing notice. The Government then has thirty days to file its answer. Agency counsel typically represent the Government before the various BCA's.

As with most administrative tribunals, litigation at the BCA's is somewhat less formal than in most courts. Although the BCA's administrative judge generally follows the Federal Rules of Civil Procedure and the Federal Rules of Evidence in making procedural and evidentiary decisions, the judge need not abide by those Rules. Discovery is available in much the same fashion as before federal district courts or the COFC.

As with Texas and other State Administrative Law Tribunals and Judges, BCA judges will travel to accommodate the interests of the parties. If the case make it more reasonable to hold hearings away from the BCA's offices in the Washington, D.C. metropolitan area, the parties can request the judge to hold the hearings at a different locale or venue. After the complaint and answer have been filed, and the discovery has occurred, a hearing will be held. Thereafter, post-hearing briefs are filed. Decisions of the BCA are rendered by a three-judge panel (although usually only one judge will preside at the hearing). The BCA's decision may be appealed to the U.S. Court of Appeals for the Federal Circuit.

Appeal to Board of Contract Appeals

*administrative attorney, appeal to board of contract appeals

The U.S. Government Board of Contract Appeals deals directly in decisions made by contracting officers in various agencies associated with the Legislative Branch, such as the Architect of the Capitol and the Government Printing Office. There are 11 Agency Boards of Contract Appeals (BCA's) in total, where contractors may file appeals. One of the largest, and most well-known, of these is the Armed Services Board of Contract Appeals (ASBCA).

Contractors may initiate an appeal before the board by submitting a Notice of Appeal. This is typically just a simple letter, stating the contractor's intentions to appeal the Contracting Officer's decision. Notices of appeal must be in writing and signed by the appellant or by the appellant's attorney or other authorized representative. They must be filed within 90 days of the date the appellant was informed of the Contracting Officer's final decision.

At theLorenzana Law Firm, P.C., we have numerous qualified administrative attorneys who can assist you in submitting this appeal, or submit it on your behalf. Our attorneys are also eager to assist you with the rest of the appeals process. This principally includes a discovery process followed by a hearing.

If you are considering filing an appeal, first and foremost consult with a qualified attorney. The lawyers at the Lorenzana Law Firm, P.C. are experienced in handling these appeals and are knowledgeable in the rules and regulations of the Board of Contract Appeals. We can advise you on the proper course of action and guide you through all aspects of the appeals process. Our lawyers understand the system, so we can help you make appropriate legal decisions and conduct a successful appeal. Contact one of our administrtive lawyers today, toll free 1-877-905-4882.