Kandahar Gravel Supplies and Logistics
ASBCA No. 60531
| A.S.B.C.A. | Mar 7, 2017Background
- Army awarded Contract 0133 to Kandahar Gravel on 25 Nov 2010 for gravel/services at Kandahar AFB, performance to 15 Jan 2011.
- Army terminated for cause on 8 Jan 2011 and a 28 May 2011 modification effected termination.
- No contact about payment until Oct 25 2015, when appellant sent an invoice and sought payment.
- DD250/invoice records showed mismatched contract numbers and amounts (0133 vs 1030; 30,274,702 AFN).
- Contracting officer denied payment in a final decision dated 24 Mar 2016; appellant filed a notice of appeal on 12 Apr 2016.
- Appellant failed to submit a certification required by 41 U.S.C. § 7103(b) for a claim exceeding $100,000; absence of certification is fatal to jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the submission to the contracting officer was a CDA claim. | Kandahar Gravel asserts a request for payment under Contract 0133. | Army treats submission as an unpaid, routine invoice not a certified claim. | Not a claim without certification; disclosure that it could be converted if disputed is insufficient. |
| Whether lack of certification deprives the Board of jurisdiction. | Appellant contends certification not required. | Certification is mandatory for claims >$100,000. | Complete absence of certification deprives Board of jurisdiction; dismissal affirmed. |
| Whether the submission can be deemed a certified claim under CDA if certified later. | Appellant argues potential post-filing cure. | Certification must exist prior to filing appeal; cannot be cured retroactively. | Cure not permitted; jurisdictional defect remains. |
Key Cases Cited
- Reynolds v. Army & Air Force Exchange Service, 846 F.2d 746 (Fed. Cir. 1988) (jurisdictional burden on appellant to prove Board jurisdiction by preponderance of the evidence)
