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    Sungwoo E&C., LTD., A.S.B.C.A. (2017)

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    The Armed Services Board of Contract Appeals dismissed two appeals by Sungwoo E&C Co., Ltd related to contract W91QVN-14-D-0034 without prejudice. The contracting officer agreed to reopen settlement negotiations for 60 days regarding Sungwoo's claim. Both parties agreed to enter settlement discussions, so the appeals were dismissed to allow the contracting officer to issue a new decision following negotiations.

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    Sungwoo E&C., LTD., A.S.B.C.A. (2017)

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    The Armed Services Board of Contract Appeals dismissed two appeals by Sungwoo E&C Co., Ltd related to contract W91QVN-14-D-0034 without prejudice. The contracting officer agreed to reopen settlement negotiations for 60 days regarding Sungwoo's claim. Both parties agreed to enter settlement discussions, so the appeals were dismissed to allow the contracting officer to issue a new decision following negotiations.

    Original Description:

    Filed: 2017-05-12 Precedential Status: Precedential Docket: ASBCA No. 60855, 60985

    Original Title

    Sungwoo E&C., Ltd., A.S.B.C.A. (2017)

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    The Armed Services Board of Contract Appeals dismissed two appeals by Sungwoo E&C Co., Ltd related to contract W91QVN-14-D-0034 without prejudice. The contracting officer agreed to reopen settlement negotiations for 60 days regarding Sungwoo's claim. Both parties agreed to enter settlement discussions, so the appeals were dismissed to allow the contracting officer to issue a new decision following negotiations.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    29 views2 pages

    Sungwoo E&C., LTD., A.S.B.C.A. (2017)

    Uploaded by

    Scribd Government Docs
    The Armed Services Board of Contract Appeals dismissed two appeals by Sungwoo E&C Co., Ltd related to contract W91QVN-14-D-0034 without prejudice. The contracting officer agreed to reopen settlement negotiations for 60 days regarding Sungwoo's claim. Both parties agreed to enter settlement discussions, so the appeals were dismissed to allow the contracting officer to issue a new decision following negotiations.

    Copyright:

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    of 2

    ARMED SERVICES BOARD OF CONTRACT APPEALS

    Appeals of -- )
    )
    Sungwoo E&C Co., Ltd. ) ASBCA Nos. 60855, 60985
    )
    Under Contract No. W91QVN-14-D-0034 )

    APPEARANCE FOR THE APPELLANT: Song Yong Eui, Esq.


    Chung Jin Law Office
    Seoul, Korea

    APPEARANCES FOR THE GOVERNMENT: Raymond M. Saunders, Esq.


    Army Chief Trial Attorney
    COL Jose A. Cora, JA
    Trial Attorney

    ORDER OF DISMISSAL

    By correspondence dated 13 April 2017, appellant advised the Board that the
    parties have agreed to enter into settlement discussions regarding these appeals and
    requested that the appeals be dismissed without prejudice. Attached to appellant's
    13 April 2017 correspondence was a 12 April 2017 letter from the contracting officer
    which stated, in pertinent part:

    On condition of Sungwoo's withdrawal of all appeals


    to the ASBCA related to contract W91QVN-14-D-0034, task
    order 0016, including ASBCA Nos. 60855 and 60985, I agree
    to reopen the contracting officer's final decision, dated
    November 18, 2016, on your claim, dated August 3, 2016,
    and to enter into settlement negotiation for a period of 60
    days from the date of ASBCA's notification of dismissal, at
    the conclusion of which, I will issue a new decision.

    (Bd. corr. ltr. dtd. 19 April 2017)

    Following a conference call in which appellant's withdrawal request and the


    contracting officer's letter were discu~sed, the contracting officer issued a revised letter,
    dated 20 April 2017, removing the conditional language:

    I am rescinding the contracting officer's final decision,


    dated November 18, 2016, on your claim, dated August 3,
    2016, in order to reopen settlement negotiation on your claim
    for a period of 60 days from the date of ASBCA's notification
    of dismissal, at the conclusion of which, I will issue a new
    decision.

    (Bd. corr. ltr. dtd. 20 April 2017) The rest of the contracting officer's 20 April 2017
    letter was identical to the 12 April 2017 letter.

    The government does not oppose appellant's request. Furthermore, the Board
    encourages such settlement efforts by the parties. Accordingly, these appeals are
    dismissed without prejudice to an appeal or appeals arising from a future contracting
    officer's final decision on appellant's 18 November 2016 claim, or a deemed denial
    thereof.

    Dated: 12 May 201 7

    /MARK N.SEMPER
    Administrative Judge
    Vice Chairman
    Armed Services Board
    of Contract Appeals

    I certify that the foregoing is a true copy of the Order of Dismissal of the Armed
    Services Board of Contract Appeals in ASBCA Nos. 60855, 60985, Appeals of Sungwoo
    E&C Co., Ltd., rendered in conformance with the Board's Charter.

    Dated:

    JEFFREY D. GARDIN
    Recorder, Armed Services
    Board of Contract Appeals

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