When Gov't Is Compelled To File Complaint In ASBCA Appeal

Law360, New York (February 19, 2015, 11:15 AM EST) -- Litigating disputes arising under federal government contracts is unique, and can sometimes lead to unusual procedures. For example, the Contract Disputes Act specifies that the government contracting officer must issue final decisions on both contractor and government claims, but requires the contractor to initiate the appeal of all final decisions.[1] With respect to appeals initiated before the Armed Services Board of Contract Appeals, the ASBCA typically requires the contractor to file a complaint setting forth the underlying factual and legal basis for the resulting litigation regardless of whether the dispute stems from a contractor or government claim. ASBCA Rule 6(a) states that "[w]ithin 30 days after receipt of notice of docketing of the appeal, the appellant shall file with the Board a complaint setting forth simple, concise, and direct statements of each of its claims." ...

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