The Chief Trial Attorney is delegated sole authority and responsibility for the conduct and control of litigation of contract disputes docketed with the ASBCA.
(a) The Chief Trial Attorney will present all Army cases to the ASBCA, using trial attorneys assigned to the office, except that -
(1) The Chief Trial Attorney may authorize attorneys designated by an HCA to act as trial attorneys or to assist in the presentation of Army cases; or
(2) When it is determined by the HCA that an appeal before the ASBCA has particular significance to the contracting activity and that it involves difficult operational issues and technical facts, subsequent to the filing of the contracting officer’s comprehensive report and after consultation with the Chief Trial Attorney, the HCA may detail an attorney from the contracting activity to assist the Chief Trial Attorney.
(b) Local legal counsel and, when their expertise is required, any other person in the contracting activity must assist and support the Office of the Chief Trial Attorney in preparing the case.
(c) The Chief Trial Attorney and the attorneys assigned are authorized to communicate directly with any person or organization to secure any witnesses, documents, or information considered necessary in connection with representing the Government in matters before the ASBCA. The contracting officer must be informed of any actions taken in connection with these matters.
