Armed Services Board of Contract Appeals judgment is vacated and remanded where defendant is not a contractor and thus the Board lacks jurisdiction over its appeal of the contracting officer's decision, as the Contract Disputes Act does not gives the Board jurisdiction over a claim against the government brought by a subcontractor that is a third-party beneficiary of a contract between the government and the prime contractor.
Appeal from the Armed Services Board of Contract Appeals
Decided June 26, 2009
Before MICHEL, Chief Judge, LOURIE and PROST, Circuit Judges.
Opinion by PROST, Circuit Judge.
For Appellant: Domenique Kirchner, United States Department of Justice, Washington, DC.
For Appellee: James S. DelSordo, Argus Legal LLC, Manassas, Virginia