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Help in submitting an appeal


Rodolfo

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Good morning gentlemen,

I'm assisting an Italian company in the preparation of an appeal against a contracting officer's final decision to assess liquidated damages in the amount of € 28,557.80 (less than $50,000). This is the first time I do this, and I must admit that I have a problem primarily due to the fact that the English is not my mother tongue. Therefore, I kindly ask if someone could answer/clarify the following questions offhandedly whenever possible.

The questions refer to the rules of the ASBCA dated 11 May 2011 and the FILING GUIDANCE Rev. 25 July 2012.

RULE 1.

QUESTION 1
- Can you submit a notice of appeal via electronic mail (asbca.recorder @ mail.mil) or facsimile ((703) 681-8535) or you have to submit it peremptorily via registered mail?

QUESTION 2
- If you must submit it by registered mail, in the computation of the 90 calendar days is the date of receipt by the dell'ASBCA that attests or the date of receipt of the Italian post office?

RULE 2.

QUESTION 1
- Does the notice of appeal only require some information such as the contract number, the department and / or agency involved in the disputes, the decision from which the appeal is taken (i.e., the opposition to the assessment of the liquidated damages), and the amount in dispute (i.e., € 28,557.800)?

QUESTION 2
- Can you skip in this phase (i.e., the submission of a notice of appeal) to explain word for word the grounds, attaching supporting documentation, for the company's appeal against the contracting officer's decision (i.e., the assessment of liquidated damages) and do it instead after the notice of docketing of appeal in accordance with the rule 6?

RULE 4.

QUESTION 1
- Shall documents, submitted by the company in addition to those submitted by the government, be in original and/or contain a notarized statement?

QUESTION 2
- Do they have to be submitted by registered mail or can they be also submitted via facsimile or e-mail?

RULE 6.

QUESTION 1
- Is it in this phase that the company explains word for word the reasons for the appeal to the contracting officer's decision?

QUESTION 2
- To strengthen the appeal, can you, in this phase, attach supporting documentation or the latter had to be submitted in accordance with RULE 4 (in other words, you cannot submit any additional document but only explain the grounds for the appeal)?

For the moment this is enough for me to proceed. Thank you in advance.

Rodolfo

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Rodolfo, although everyone has to do something for the first time, helping a company with an ASBCA appeal on your own is not a good way to start. I suggest that you contact an attorney who is experienced in ASBCA practice and let them do the appeal with you working with them to learn the process for doing that.

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while RetreadFed is giving good advice,

I think a bigger issue is that any answers you get here may not be reliable.

Heck, would you base your decisions on advice from me ?

I assume that you are an attorney. Collaborate with an attorney with the experience that Retread mentions.

ASBCA probably has rules of practice just like other appeals fora. http://www.bcaba.org/ looks like a good place to start.

You can split fees. It could lead to work flowing the other way, too.

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