Armed Services Board of Contract Appeals (ASBCA)

The ASBCA is a neutral, independent forum whose primary function is to hear and decide post-award contract disputes between government contractors, the Department of Defense, the National Aeronautics and Space Administration, and the Central Intelligence Agency, as appropriate (“the government”).  The ASBCA functions under the Contract Disputes Act (41 U.S.C. §§ 7101-7109), its Charter, or other remedy-granting provisions.  Nearly all of the ASBCA’s decisions from 2000 to present are publicly available and can be found at  www.asbca.mil  (“Decisions” banner).  Unlike the federal courts, records held by the ASBCA are not publicly available for viewing but must be processed in accordance with the FOIA, 5 U.S.C. § 552.  Regarding documents submitted to the ASBCA by third parties (contractor-appellant or the government) during the litigation before the ASBCA, those FOIA requests shall be directed to the appropriate government agency (not the ASBCA).  All documents submitted to the ASBCA did not originate with the ASBCA and were all created by third parties such as the contractor-appellant or the government.  Documents created by the contractor-appellant and submitted to the ASBCA may have government equities, and it is not appropriate for the ASBCA to weigh these equities or make a final FOIA determination on behalf of the government.  Accordingly,  all FOIA requests for documents submitted to the ASBCA by either the contractor-appellant or the government should be directed to the appropriate government agency (not the ASBCA) for FOIA processing .  In the event a request is submitted to the ASBCA for appeal documents, that request will be referred to the appropriate government agency for FOIA processing.  The government has copies of all documents submitted during the ASBCA appeal process.     FOIA Reference Guide FOIA Regulations