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Section 5133.212-90: Appeal procedures.

(a) For purposes of this section and DFARS Appendix A, the duties and responsibilities of the Chief Trial Attorney are performed by the Army Chief Trial Attorney or the Engineer Chief Trial Attorney as follows:

    (1) The Army Chief Trial Attorney, as appointed by the Judge Advocate General, is the authorized representative of the Secretary of the Army with sole authority and responsibility for the conduct and control of litigation of contract disputes for all Department of the Army cases docketed with the Armed Services Board of Contract Appeals (ASBCA), except for USACE cases described in (2) and (3).

    (2) The Engineer Chief Trial Attorney, as appointed by the Chief Counsel, Corps of Engineers, is the authorized representative of the Secretary of the Army and has sole authority and responsibility for the conduct and control of litigation of contract disputes for all Corps of Engineers cases docketed with the ASBCA of a value of less than $3 million.

    (3) The Assistant Judge Advocate General for Civil Law may determine, on a case by case basis, to delegate Corps of Engineer cases of a value of $3 million or more to the Engineer Chief Trial Attorney.

(b) All contract disputes addressed in this section remain subject to the litigation oversight authority and responsibility delegated to the General Counsel of the Department of the Army.

(c) See DFARS Appendix A for the Armed Services Board of Contract Appeals (ASBCA) charter and rules. [AFARS Revision #21, dated May 22, 2007]




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