After the contracting officer denied the claim, the contractor appealed to the ASBCA
seeking various forms of relief, including injunctive relief, breach of contract damages, and a request that the board "return [the] matter to the government with guidance indicating that the government should have rated appellant satisfactory, or better."
While a request for an equitable adjustment is not the desired path by either party, the company appreciates the methodology afforded to small businesses through the ASBCA
office in the rare occasion that it is needed, according to Danny Schoening, Optex's CEO.
In addition to other provisions and requirements, that statute mandates that, for CDA covered contracts, contractors follow an administrative disputes process prior to pursuing a dispute with respect to such a contract in the COFC or before the ASBCA
. Where a contract is not covered by the CDA, the COFC ordinarily possesses exclusive jurisdiction over contract disputes in excess of $10,000, pursuant to the Tucker Act, 28 U.S.C.
(27) Appeal of Space Age Engineering, Inc., ASBCA
feature between an ASBCA
trial and an ADR summary trial before the ASBCA
Lockheed appealed to the ASBCA
, and the board then ordered the government to file the complaint.
(62) The Army declined the claim forcing Labarge Products to appeal to the ASBCA
. (63) The ASBCA
denied the appeal and Labarge Products appealed to the COFC.
As Klein reported, the member of the ASBCA
The decision of the ASBCA
was published as Rio Construction Corporation, ASBCA
54273 04-01 BCA 32,534 (February 2004).
McElwee appealed the termination for default to the Armed Services Board of Contract Appeals ("ASBCA
"), and the surety obtained an injunction from the district court precluding its principal from proceeding further.
32624, 90-3 BCA [paragraph] 23,207 (1990).
T & W appealed, and the decision of the Armed Services Board of Contract Appeals is reported as T & W Edmier Corporation, ASBCA
53347, 04-1 BCA 32,483 (December 2003).