ASBCA Dismisses Appeal for Lack of Jurisdiction After Government Claim Rescinded
Jul.09.2018
In Appeal of Lockheed Martin Aeronautics, ASBCA No. 61480 (a C&M case) the Board dismissed a Government claim seeking $24 million plus interest for alleged defective pricing, when the Government rescinded the underlying claim during litigation. In dismissing the appeal, the Board cited to ASBCA precedent holding that "[w]hen a contracting officer unequivocally rescinds a government claim, the government’s action moots the appeal, leaving the Board without jurisdiction to entertain the appeal further."
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Associate Payal Nanavati (admitted in New York only; practicing under the supervision of D.C. Bar members) also contributed to this alert.