KHS Corporation

• Court: Armed Services Board of Contract Appeals
• Decided: November 20, 2019
• Docket: ASBCA No. 62032
• Status: Published

Opinion

ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeal of-- ) ) KHS Corporation ) ASBCA No. 62032 ) Under Contract No. SPE4A6-15-D-5845 )

APPEARANCE FOR THE APPELLANT: Mr. William Schwemlein Vice-President

APPEARANCES FOR THE GOVERNMENT: Daniel K. Poling, Esq. Ch~ef Trial Attorney Edward R. Murray, Esq. Ashley M. Kelly, Esq. Trial Attorneys DLA Aviation Richmond, VA

OPINION BY ADMINISTRATIVE JUDGE MCILMAIL ON THE GOVERNMENT'S MOTION TO DISMISS FOR LACK OF JURISDICTION

The government moves to dismiss the appeal for lack of jurisdiction, saying that in this appeal from a supposed termination of the contract for default there has been no termination. For us to have jurisdiction there has to be a claim; in an appeal from a contract termination, the claim (which in a termination case is the claim of the government) is the termination itself. See Malone v. United States, 849 F.2d 1441 , 1443 (Fed. Cir. 1988). Appellant requests that we delay the hearing of the appeal until the government determines whether to terminate the contract (app. Aug. 16, 2019, filing at 3). We take that as a concession that the above-captioned contract has not been terminated and accordingly grant the motion and dismiss the appeal for lack of jurisdiction.

Dated: November 20, 2019

Adm1mstranve Judge Armed Services Board of Contract Appeals (Signatures continued) I concur I concur

An- RICHARf)SHACKLEFORD AdminisYrative Judge 0 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. 62032, Appeal ofKHS Corporation, rendered in conformance with the Board's Charter.

Dated:

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