Armed Services Board of Contract Appeals Process

Federal appeal lawyers help you to navigate through the complex procedural regulations in such a unique area of practices. If you are a party at the federal trial court and you receive and adverse decision, you could potentially have a choice to appeal the decision to a federal court of appeals or Armed Services Board of Contract Appeals.

For example, if you believe that a federal government administrative agency committed error then petition for review of the agency decision by the U.S. Court of Federal Claims (COFC).

You want to make sure that you have federal appeal lawyers that understand the agency process and that can articulate the error made by the trial judge or actual agency itself.

Government Contract and Federal

In government contracting, a federal appeal typically means taking the case to the Armed Services Board of Contract Appeals, Court of Federal Claims, or having a federal appeal lawyer to practice before the federal circuit.

Appellate Process

Federal appeal lawyers will start the process by filing the respective notice of appeal within the required timeline. Then he will put forth the basis in writing in the appellate brief.  In the brief, your federal appeal lawyers will attempt to persuade the judges that the trial court or government contracting agency made an error and that the decision should be reversed.

If you are the winning side at the lower court, you want to hire  federal appeal lawyers to intervene and defend the decision. Here, the attorney writes a brief on your behalf to show why the trial court or agency decision was correct, or why any error made by the trial court or Agency was not so significant to impact the outcome of the case.

Federal appeal lawyers can become very expensive: The focus takes a lot of legal analysis and legal writing. Therefore, it is very time-consuming. Government contractors seeking to launch a federal appeal at the Armed Services Board of Contract Appeals or the U.S. Court of Federal Claims usually have high-staked cases where the outcome could mean winning or losing damages sometimes in the millions.

Not all appeals lawyers understand government procurement law:Hiring federal appeal lawyers to take your case to the Armed Services Board of Contract Appeals (ASBCA) means that you must also find an appellate lawyer that understands government contract law.

An appeal will be processed under the Armed Services Board of Contract Appeals Rules.  The Rules allow you as 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.

The difference here is that you now have to familiar with the rules and could run the risk of the government’s attorney taking advantage of your lack of experience in the law and procedural rules.

Most hearings, if required, will be held by a single Administrative Judge, either at the Armed Services Board of Contract Appeals offices in Falls Church, Virginia, or, if proper, in a place more convenient to the parties.

U.S. Court of Federal Claims Appellate Review

When you hire a federal appellate lawyer to take your case to the United States Court of Federal Claims, the attorney should know that this is a federal court of limited jurisdiction. The Federal Courts Improvement Act of 1982 abolished the original Court of Claims and the Court of Customs and Patent Appeals and replaced those courts with the newly created United States Court of Appeals for the Federal Circuit and the United States Court of Federal Claims.

The jurisdiction of the United States Court of Federal Claims is now codified in 28 USC 1491. The court generally has exclusive jurisdiction over most monetary claims against the United States in excess of $10,000 and has concurrent jurisdiction with United States District Courts for all claims $10,000 and below.

Appealing a contract claim against the federal government is the type of case that this court can here. There are other types of cases that you can also appeal. This includes filing a new bid protest due to an adverse decision at GAO.

See How We Can Help You With REA and Government Contract Claims

If you are contemplating filing a case before any of the above courts, contact  the Federal Appeals Court Lawyers at Watson & Associates.

Call our  Federal Appeal lawyers at 1-866-601-5518 for a free initial consultation.