ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeal of -- )
)
The Boeing Company ) ASBCA No. 61958
)
Under Contract No. F09603-01-D-0024 et al.)
APPEARANCES FOR THE APPELLANT: Steven M. Masiello, Esq.
Tess E. Gosda, Esq.
Joel L. Hamner, Esq.
Dentons US LLP
Denver, CO
APPEARANCES FOR THE GOVERNMENT: Arthur M. Taylor, Esq.
DCMA Chief Trial Attorney
Kara M. Klaas, Esq.
Trial Attorney
Defense Contract Management Agency
Chantilly, VA
OPINION BY ADMINISTRATIVE JUDGE THRASHER
The parties have settled their dispute and have jointly requested that the Board
issue a decision in favor of appellant that incorporates the terms of agreement as set
forth in their August 2, 2019 settlement agreement.
In accordance with Board Rule 19( d) and the request of the parties, it is the
Board's decision, pursuant to 41 U.S.C. §§ 7105(e), 7108(b), and the parties'
settlement agreement, which is herein incorporated into this opinion, that the appeal is
sustained. In the nature of a consent judgment, the Board makes a monetary award to
appellant in the amount of $680,599.00. This amount is inclusive of interest. No
further interest shall be paid.
Dated: August 26, 2019
Administrative Judge
Armed Services Board
of Contract Appeals
(Signatures continued)
I concur I concur
RICHARD SHACKLEFORD 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 Opinion and Decision of the
Armed Services Board of Contract Appeals in ASBCA No. 61958, Appeal of The
Boeing Company, rendered in conformance with the Board's Charter.
Dated:
PAULLA K. GATES-LEWIS
Recorder, Armed Services
Board of Contract Appeals
2