By Government Contracts Editorial Staff
A Department of Defense final rule amends the Defense Federal Acquisition Regulation to update the Charter of the Armed Services Board of Contract Appeals at DFARS Appendix A. The ASBCA is chartered to serve as the authorized representative of the Secretary of Defense and the Secretaries of the Army, Navy, and Air Force in hearing, considering, and determining appeals by contractors from decisions of contracting officers or their authorized representatives or other authorities regarding claims on contracts under the Contract Disputes Act of 1978 or other remedy-granting provisions. The rule updates the Charter from the most recent prior version, dated April 9, 2018, to its latest version, dated May 23, 2019. The updated Charter revises paragraph 2 to reflect that appointment of ASBCA members and designation of the Chairman and Vice Chairmen will now be made by the Secretary of Defense, rather than by the Under Secretary of Defense responsible for acquisition, the General Counsel of the Department of Defense, and the assistant secretaries of the military departments responsible for acquisition. For the text of this rule, which went into effect on September 13, 2019, see ¶70,017.12.
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