Nuclear Research Corporation v. The United States

EDWARD S. SMITH, Circuit Judge.

This is an appeal from the Armed Services Board of Contract Appeals’ (board) final decisions in ASBCA No. 28641 and in ASBCA No. 28979. 1 The board affirmed the contracting officer’s (CO) final decisions terminating the contract for default (ASBCA No. 28641) and demanding return of unliquidated progress payments (ASBCA No. 28979). The board’s final decisions are affirmed.

ISSUES

The issues presented on appeal are:

1. Whether the board had jurisdiction over the appeals from the CO’s final decisions;

2. Whether the board erred in finding •that the CO had exercised…