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CO Must Identify Extension for Final Decision with Precision


In Suh'dutsing Techs., LLC, the ASBCA held that the contractor could appeal a "deemed denial" of its certified claim 60 days after submission of the claim, notwithstanding the contracting officer's statement that it would be "at least another sixty days . . . before I am able to issue a decision." The Board held the CO's statement was "insufficiently definite" under the Contract Disputes Act, which requires a CO to, within 60 days of receiving a certified claim over $100,000, either issue a decision or "notify the contractor of the time within which a decision will be issued."

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J. Chris Haile
Partner – Washington, D.C.
Phone: +1 202.624.2898

Brian Tully McLaughlin
Partner – Washington, D.C.
Phone: +1 202.624.2628

Robert J. Sneckenberg
Counsel – Washington, D.C.
Phone: +1 202.624.2874

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