KHS Corporation ( 2019 )

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
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