If a contracting officer does not issue a decision on a claim within 60 days, the claim is deemed denied and the contractor may appeal. In this case, the contracting officer had not issued a final decision within 60 days.. The contractor asked the board to direct the contractor to issue a decision. The board denied the request, reasoning that the contractor already had the right to appeal. There was nothing more the board needed to do.
Construction Services Group, Inc. V. Department of Veterans Affairs, CBCA 7344
Construction Services Group (CSG) had a contract with the Department of Veterans Affairs to renovate a building. CSG submitted a claim seeking compensable delay. After seven months, the contracting officer had not issued a decision. CSG filed a petition with the CBCA asking it to direct the contracting officer to make a decision on CSG’s claim.
If a contracting officer fails to issue a decision within a sixty-day window, the contractor may file an appeal from a deemed denial of its claim. Here, more than 60 days had passed. CSG had the right to appeal the deemed denial of its appeal. There was no more relief the board could provide, so it denied the petition.
CSG is represented by its Vice President, Andy Moony. The government is represented by Neil S. Deol of the Department of Veterans Affairs.
CBCA - Construction Services Group