ARMED SERVICES BOARD OF CONTRACT APPEALS
Petition of -- )
)
Fluor Federal Solutions, LLC ) ASBCA No. 61747-988
)
Under Contract No. N69450-12-D-7582 )
APPEARANCE FOR THE PETITIONER: Jennifer A. Mahar, Esq.
Smith Pachter Mc Whorter PLC
Tysons Comer, VA
APPEARANCES FOR THE GOVERNMENT: Craig D. Jensen, Esq.
Navy Chief Trial Attorney
Russell A. Shultis, Esq.
Assistant Director
ORDER PURSUANT TO BOARD RULE l(a)(5)
DIRECTING CONTRACTING OFFICER TO ISSUE DECISION
Fluor Federal Solutions, LLC (Fluor or contractor) filed a request, under
Rule l(a)(5), for an order directing the contracting officer (CO) to render a decision on
a December 29, 2017 certified claim no later than September 28, 2018. In its
September 4, 2018 response, the government stated a contracting officer's final
decision will be issued by September 28, 2018. We deem this date reasonable.
Accordingly, the Board hereby directs the CO to issue a decision on the contractor's
claim by September 28, 2018.
This order completes all necessary action by the Board. If the CO fails to comply
with this order, such failure will be deemed a decision by the CO denying the claim, and
the contractor may appeal to this Board or sue in the United States Court of Federal
Claims pursuant to the Contract Disputes Act, 41 U.S.C. §§ 7I03(f)(5) and 7104.
Dated: September 7, 2018
Armed Services Board
of Contract Appeals
(Signatures continued)
I concur I concur
OWEN C. WILSON
Administrative Judge Administrative Judge
Vice Chairman Vice Chairman
Armed Services Board Armed Services Board
of Contract Appeals of Contract Appeals
I certify that the foregoing is a true copy of the Order of the Armed Services
Board of Contract Appeals in ASBCA No. 61747-988, Petition of Fluor Federal
Solutions, LLC, rendered in conformance with the Board's Charter.
Dated:
JEFFREY D. GARDIN
Recorder, Armed Services
Board of Contract Appeals
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