Rizzani de Eccher (USA), Inc.

• Court: Armed Services Board of Contract Appeals
• Decided: September 9, 2016
• Docket: ASBCA No. 60730-971
• Status: Published

Opinion

ARMED SERVICES BOARD OF CONTRACT APPEALS

Petition of -- ) ) Rizzani de Eccher (USA), Inc. ) ASBCA No. 60730-971 ) Under Contract No. W912ER-10-C-0026 )

APPEARANCES FOR THE PETITIONER: Jeffrey G. Gilmore, Esq. Ildefonso P. Mas, Esq. John M. Neary, Esq. Akerman LLP Washington, DC

APPEARANCES FOR THE GOVERNMENT: Thomas H. Gourlay, Jr., Esq. Engineer Chief Trial Attorney Pietro Mistretta, Esq. James D. Stephens, Esq. Engineer Trial Attorneys U.S. Army Engineer District, Middle East Winchester, VA

ORDER PURSUANT TO BOARD RULE l(a)(5) DIRECTING CONTRACTING OFFICER TO ISSUE DECISION

The contractor filed, under Rule l(a)(5), a request for an order directing the contracting officer to render a decision on a 18 March 2016 claim for $19,947,882.08 no later than 30 September 2016. The government has confirmed that a final decision on the claim will be issued by 30 September 2016. We deem this date reasonable.

Accordingly, the Board hereby directs the contracting officer to issue a decision on the contractor's claim by 30 September 2016.

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 sue in the United States Court of Federal Claims pursuant to the Contract Disputes Act, 41 U.S.C. §§ 7103(f)(5) and 7104.

Dated: 9 September 2016

~~··· Administrative Judge Acting Chairman Armed Services Board of Contract Appeals

I concur I concur ·/\ RICHARD SHACKLEFORD DAYID D' ALESSANDRIS Administrative Judge Administrative Judge 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 l(a)(S) of the Armed Services Board of Contract Appeals in ASBCA No. 60730-971, Petition ofRizzani de Eccher (USA), Inc., rendered in conformance with the Board's Charter.

Dated:

JEFFREY D. GARDIN Recorder, Armed Services Board of Contract Appeals