(a) AFLOA/JAQ represents the Air Force in appeals to the ASBCA.
(b) If the contractor files an appeal with the ASBCA, the contracting officer shall forward to AFLOA/JAQ and the cognizant legal office a copy of any notice of appeal to the ASBCA, along with the envelope in which the notice was received. If the contractor files an appeal with the contracting officer instead of the ASBCA, the contracting officer shall immediately notify AFLOA/JAQ of the date the appeal was received and forward to AFLOA/JAQ and the cognizant legal office a copy of the appeal and a copy of the envelope in which the appeal was received. The contracting officer shall forward the original appeal and envelope to the ASBCA.
(c) The contracting officer shall prepare a “Rule 4 file” for any appeal to the ASBCA in accordance with Rule 4 of the ASBCA rules (see DFARS Appendix A, Part 2). The contracting officer shall consult with AFLOA/JAQ before including in the Rule 4 file any legal opinions or intra-governmental or inter-governmental documents as described in DoD Regulation 5400.7, DoD Freedom of Information Act Program; the Air Force Supplement to DoD 5400.7-R; and FAR 24.2.
(d) The contracting officer shall obtain approval from the AFLOA/JAQ trial attorney assigned to the appeal prior to releasing the Rule 4 file. After such approval, the contracting officer shall simultaneously mail copies of the Rule 4 file to the ASBCA (Recorder), the contractor, and AFLOA/JAQ. The contracting officer shall not provide contractors, or their representatives, access to any Government files or documents, other than the Rule 4 file, without approval from AFLOA/JAQ.
