Agency’s Alleged Violation of Federal Law in Awarding Military Construction Contract Does Not Invoke Void Ab Initio Rule; ASBCA No. 60663, Appeal of Parsons Government Services Inc.

Appeal of the agency contracting officer’s deemed denial of a claim alleging the government incorrectly expended O&M funds instead of military construction funds and arguing the contract thus should be considered void ab initio is dismissed, where the statutes requiring major construction to be funded by military construction funds and requiring congressional notice and approval of all military construction projects in excess of $3 million do not provide for the invalidation of contracts if a contracting officer violates their provisions.