Part 1 -Charter

1. There is created the Armed Services Board of Contract Appeals which is hereby designated as the

authorized representative of the Secretary of Defense, the Secretary of the Army, the Secretary of

the Navy and the Secretary of the Air Force, in hearing, considering and determining appeals by

contractors from decisions of contracting officers or their authorized representatives or other

authorities on disputed questions. These appeals may be taken (a) pursuant to the Contract Disputes

Act of 1978 (41 U.S.C. Sect. 601, et seq.), (b) pursuant to the provisions of contracts requiring the

decision by the Secretary of Defense or by a Secretary of a Military Department or their duly

authorized representative, or (c) pursuant to the provisions of any directive whereby the Secretary

of Defense or the Secretary of a Military Department or their authorized representative has granted

a right of appeal not contained in the contract on any matter consistent with the contract appeals

procedure. The Board may determine contract disputes for other departments and agencies by

agreement as permitted by law. The Board shall operate under general policies established or

approved by the Under Secretary of Defense for Acquisition, Technology and Logistics and may

perform other duties as directed not inconsistent with the Contract Disputes Act of 1978.

2. Membership of the Board shall consist of attorneys at law who have been qualified in the manner

prescribed by the Contract Disputes Act of 1978. Members of the Board are hereby designated

Administrative Judges. There shall be appointed from the Judges of the Board a Chairman and two or

more Vice-Chairmen. Appointment of the Chairman and Vice-Chairmen and other Judges of the

Board shall be made by the Under Secretary of Defense for Acquisition, Technology and Logistics,

the General Counsel of the Department of Defense, and the Assistant Secretaries of the Military

Departments responsible for acquisition. The Chairman may designate a Judge of the Board to serve

as an Acting Chairman or Acting Vice Chairman.

3. It shall be the duty and obligation of the Judges of the Armed Services Board of Contract Appeals

to decide appeals on the record of the appeal to the best of their knowledge and ability in

accordance with applicable contract provisions and in accordance with law and regulation pertinent

thereto.

4. The Chairman of the Board shall be responsible for establishing appropriate divisions of the Board

to provide for the most effective and expeditious handling of appeals. The Chairman shall designate

one Judge of each division as the division head. The Chairman may refer an appeal of unusual

difficulty, significant precedential importance, or serious dispute within the normal decision process

for decision by the senior deciding group. The division heads and the Chairman and Vice-Chairmen,

together with, if applicable, the author of the decision so referred, shall constitute the senior

deciding group of the Board. The decision of the Board in cases so referred to the senior deciding

group shall be by majority vote of the participating Judges of that group. A majority of the Judges of

a division shall constitute a quorum for the transaction of the business of each, respectively.

Decisions of the Board shall be by majority vote of the Judges of a division participating and the

Chairman and a Vice-Chairman, unless the Chairman refers the appeal for decision by the senior

deciding group. An appeal involving a small claim as defined by the Contract Disputes Act of 1978

may be decided by a single Judge or fewer Judges of the Board than herein before provided for cases

of unlimited dollar amount, under accelerated or expedited procedures as provided in the Rules of

the Board and the Contract Disputes Act of 1978.

5. The Board shall have all powers necessary and incident to the proper performance of its duties.

The Board has the authority to issue methods of procedure and rules and regulations for its conduct

and for the preparation and presentation of appeals and issuance of opinions.
6. Any Judge of the Board or any examiner, designated by the Chairman, shall be authorized to hold

hearings, examine witnesses, and receive evidence and argument A Judge of the Board shall have

authority to administer oaths and issue subpoenas as specified in the Contract Disputes Act of 1978.

In cases of contumacy or refusal to obey a subpoena, the Chairman may request orders of the court

in the manner prescribed in the Contract Disputes Act of 1978.

7. The Chairman shall be responsible for the internal organization of the Board and for its

administration. He shall provide within approved ceilings for the staffing of the Board with nonJudge personnel, including hearing examiners, as may be required for the performance of the

functions of the Board. The Chairman shall appoint a Recorder of the Board. All personnel shall be

responsible to and shall function under the direction, supervision and control of the Chairman.

Judges shall decide cases independently.

8. The Board will be serviced by the Department of the Army for administrative support as required

for its operations. Administrative support will include budgeting, funding, fiscal control, manpower

control and utilization, personnel administration, security administration, supplies, and other

administrative services. The Departments of the Army, Navy, Air Force and the Office of the

Secretary of Defense will participate in financing the Board’s operations on an equal basis and to the

extent determined by the Under Secretary of Defense (Comptroller). The cost of processing appeals

for departments and agencies other than those in the Department of Defense will be reimbursed.

9. Within 30 days following the close of a calendar quarter, the Chairman shall forward a report of

the Board’s proceedings for the quarter to the Under Secretary of Defense for Acquisition,

Technology and Logistics, the General Counsel of the Department of Defense, the Assistant

Secretaries of the Military Departments responsible for acquisition, and to the Director of the

Defense Logistics Agency. The Chairman of the Board will also furnish the Secretary of Defense, the

General Counsel of the Department of Defense, the Secretaries of the Military Departments, and the

Director of the Defense Logistics Agency, an annual report containing an account of the Board’s

transactions and proceedings for the preceding fiscal year.

10. The Board shall have a seal bearing the following inscription: “Armed Services Board of Contract

Appeals.” This seal shall be affixed to all authentications of copies of records and to such other

instruments as the Board may determine.

11. This revised charter is effective May 14, 2007.

APPROVED:

Kenneth J. Krieg

Under Secretary of Defense

(Acquisition, Technology and Logistics)

(signed)

William J. Haynes II

General Counsel of the Department of Defense

(signed)
Claude M. Bolton, Jr.

Assistant Secretary of the Army

(Acquisition, Logistics, & Technology)

(signed)

Delores M. Etter

Assistant Secretary of the Navy

(Research, Development & Acquisition)

(signed)

Sue C. Peyton

Assistant Secretary of the Air Force (Acquisition)

(signed)

Parent topic: APPENDIX A - ARMED SERVICES BOARD OF CONTRACT APPEALS