“Whether the Armed Services Board of Contract Appeals erred in holding that it lacked subject matter jurisdiction over Lockheed Martin’s appeal from two Air Force modifications that unilaterally definitized contract prices on two separate undefinitized contracts. Specifically, the question is whether these written unilateral modifications establishing contract prices are Government claims under the CDA, its implementing regulations, and this Court’s precedent.”
“We hold that the COs’ definitizations of the contract prices were not government claims because they were not demands or assertions by the government seeking relief against Lockheed Martin. We therefore affirm the ASBCA’s judgment dismissing Lockheed Martin’s appeals for lack of jurisdiction.”
