ASBCA 62109
Board: ASBCA
Agency: Navy
Appellant: Sauer Incorporated
Date: 2023-10-03
Outcome: sustained
DOCUMENT FOR PUBLIC RELEASE.
The decision issued on the date below is subject to an ASBCA Protective Order.
This version has been approved for public release.
ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeal of - )
)
Sauer Incorporated ) ASBCA No. 62109
)
Under Contract No. N69450-11-C-1266 )
APPEARANCES FOR THE APPELLANT: Lawrence M. Prosen, Esq.
Benjamin L. Williams, Esq.
Brian E. Doll, Esq.
Wendy K. Keane, Esq.
Michael Filbin, Esq.
Doug Mackin, Esq.
Cozen O’Connor
Washington, D.C.
APPEARANCES FOR THE GOVERNMENT: Craig D. Jensen, Esq.
Navy Chief Trial Attorney
David M. Ruddy, Esq.
Nicole R. Best, 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 as to ASBCA No. 62109.
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
$4,075,000. This amount is inclusive of Contract Disputes Act interest. No further
interest shall be paid
Dated: October 2, 2023
LAURA J. ARNETT
Administrative Judge
Armed Services Board
(Signatures continued) of Contract Appeals
DOCUMENT FOR PUBLIC RELEASE.
The decision issued on the date below is subject to an ASBCA Protective Order.
This version has been approved for public release.
I concur I concur
RICHARD SHACKLEFORD OWEN C. WILSON
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. 62109, Appeal of Sauer
Incorporated, rendered in conformance with the Board’s Charter.
Dated: October 3, 2023
PAULLA K. GATES-LEWIS
Recorder, Armed Services
Board of Contract Appeals
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