ASBCA 63739
Board: ASBCA
Agency: Air Force
Appellant: Pacific Scientific Energetic Materials Company
Date: 2024-12-20
Outcome: sustained
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
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