ASBCA 63739

Board: ASBCA Agency: Air Force Appellant: Pacific Scientific Energetic Materials Company Date: 2024-12-20 Outcome: sustained
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ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of - ) ) Pacific Scientific Energetic Materials ) ASBCA No. 63739-ADR Company ) ) Under Contract No. FA8213-17-D-0009 ) APPEARANCE FOR THE APPELLANT: Sheila A. Armstrong, Esq. K&L Gates LLP Dallas, TX APPEARANCES FOR THE GOVERNMENT: Caryl A. Potter III, Esq. Air Force Deputy Chief Trial Attorney Isabelle P. Cutting, Esq. Kelsi Pilcher, Esq. Trial Attorneys OPINION BY ADMINISTRATIVE JUDGE ARNETT The parties have resolved their dispute and request that the Board enter judgment in favor of appellant. It is the Board’s decision, pursuant to 41 U.S.C. §§ 7105(e), 7108(b), and the parties’ stipulation and agreement, that the appeal is sustained. In the nature of a consent judgment, the Board makes a monetary award to appellant in the amount of $2,150,000. This amount is inclusive of Contract Disputes Act interest. No further interest shall be paid. Dated: December 19, 2024 LAURA J. ARNETT Administrative Judge Armed Services Board of Contract Appeals (Signatures continued) I concur I concur OWEN C. WILSON MICHAEL N. O’CONNELL Administrative Judge Administrative Judge Acting 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. 63739-ADR, Appeal of Pacific Scientific Energetic Materials Company, rendered in conformance with the Board’s Charter. Dated: December 20, 2024 PAULLA K. GATES-LEWIS Recorder, Armed Services Board of Contract Appeals 2