Second Appeal Does Not Relate Back to a Previous Appeal If the Previous Appeal Is No Longer Pending; Appeals of DCX-CHOL Enterprises, Inc., ASBCA Nos. 62453. 62454

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Government’s motion to dismiss appeal for lack of jurisdiction is granted. The contractor appealed a termination for default, asserting a waiver defense. While the waiver appeal was pending, the contractor submitted a claim to the contracting officer asserting a delay defense to the termination. The ASBCA ruled in favor of the government on the waiver […]
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