Name Redacted, ASBCA No. 60652

Government awarded a firm‑fixed‑price commercial cleaning contract (W91B4M‑09‑P‑7340) to appellant on Sept. 15, 2009; contract ultimately reduced to $617 by mod P00003 after no work was performed.
Contracting Officer (CO) and COR notified appellant that work could not proceed because personnel were not present; appellant signed the modification.
Government attempted multiple times (emails 2013–2014) to close out the contract and sought a release of claims; funds were de‑obligated Aug. 23, 2014.
Appellant filed this ASBCA appeal on June 28, 2016, alleging it incurred DBA and $27,000 mobilization costs and that the KO/COR told it they would email directions to seek payment.
Government moved to dismiss for lack of jurisdiction, arguing appellant never submitted a written claim to the CO and thus no CO final decision (or deemed denial) occurred.
Appellant did not produce a written claim: its responses addressed different prior/different appeals and failed to show a written demand to the CO for the DBA/mobilization costs. The Board ordered production of a claim; appellant’s reply remained unresponsive.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Board has jurisdiction under the CDA because appellant submitted a claim to the CO seeking DBA and mobilization costs	Appellant contends it notified the KO and COR and awaited their email to process DBA and mobilization payment (i.e., they communicated their demand)	Government contends no written claim was submitted to the CO and no CO final decision exists, so the Board lacks CDA jurisdiction	Held: No. Appellant failed to show a written claim was submitted to the CO; jurisdiction lacking; appeal dismissed without prejudice

Contract Cleaning Maintenance, Inc. v. United States, 811 F.2d 586 (Fed. Cir. 1987) (claim must be written, submitted to CO, and give adequate notice of basis and amount)