California Department of Rehabilitation

Opinion

ARMED SERVICES BOARD OF CONTRACT APPEALS

Petition of - )

)

California Department of Rehabilitation ) ASBCA No. 63817-PET )

Under Contract No. W9124J-19-D-0006 )

APPEARANCE FOR THE PETITIONER: Elizabeth K. Colegrove, Esq.

California Department of Rehabilitation Sacramento, CA

APPEARANCES FOR THE GOVERNMENT: Dana J. Chase, Esq.

Army Chief Trial Attorney CPT Dmitrius Ramon McGruder, JA Trial Attorney

ORDER PURSUANT TO RULE 1(a)(5)

DIRECTING CONTRACTING OFFICER TO ISSUE DECISION

The contractor filed, under Rule 1(a)(5), a request for an order directing the contracting officer to render a decision on a September 22, 2023 claim for $1,076,191.00. The government has advised that a final decision on the claim will be issued by March 29, 2024. We deem this date reasonable.

Accordingly, the Board hereby directs the contracting officer to issue a decision on the contractor’s claim by March 29, 2024.

This Order completes all necessary action by the Board. If the contracting officer fails to comply with this Order, such failure will be deemed a decision by the contracting officer denying the claim, and the contractor may appeal to this Board or bring an action in the United States Court of Federal Claims pursuant to the Contract Disputes Act, 41 U.S.C. §§ 7103(f)(5), or 7104, as appropriate.

Dated: March 7, 2024

John J. Thrasher Administrative Judge Chairman Armed Services Board of Contract Appeals (Signatures continued)

I concur I concur

OWEN C. WILSON MICHAEL N. O’CONNELL 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 Order Pursuant to Rule 1(a)(5) of the Armed Services Board of Contract Appeals in ASBCA No. 63817-PET, Petition of California Department of Rehabilitation, rendered in conformance with the Board’s Charter.

Dated: March 7, 2024

PAULLA K. GATES-LEWIS Recorder, Armed Services Board of Contract Appeals