Washington Star Construction Company
ASBCA No. 60644
| A.S.B.C.A. | Nov 8, 2016Background
- Government awarded Contract No. W91JA4-12-C-7131 to Washington Star Construction on July 5, 2012, for construction upgrades in Kabul; NTP issued July 14, 2012.
- Appellant submitted periodic invoices and received payments; final payment and a release of claims were submitted November 4, 2013 and paid December 30, 2013; DD 1594 signed January 7, 2014.
- Appellant claims it performed extra work based on a quoted $142,000 and an alleged promise of a $144,000 modification that was never issued.
- Appellant filed an appeal with the ASBCA on June 24, 2016, asserting entitlement to the unpaid modification amount.
- Government moved to dismiss for lack of jurisdiction, arguing appellant never submitted a CDA claim in a sum certain to the contracting officer before filing the ASBCA appeal.
- Appellant later sent a certified claim to the contracting officer on October 6, 2016, after the appeal was filed; the Board held that post-appeal submission did not cure the jurisdictional defect.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Board has jurisdiction because appellant submitted a CDA claim to the CO before filing the appeal | Appellant argues it waited for a promised modification and the CO’s failure to issue it absolved prior submission requirements | Government argues no claim (written demand in a sum certain) was submitted to the CO before the appeal, so ASBCA lacks jurisdiction | Dismissed for lack of jurisdiction because appellant did not submit a claim to the CO prior to the June 24, 2016 appeal |
| Whether certification and other CDA requirements were satisfied for a claim over $100,000 | Appellant later produced a certified claim (Oct 6, 2016) asserting the $144,000 entitlement | Government notes certification and CO submission must precede appeal; post-appeal submission is insufficient | Post-appeal certified claim is irrelevant to this appeal; appellant may pursue administrative remedy (CO decision) and then timely appeal |
Key Cases Cited
- Contract Cleaning Maintenance, Inc. v. United States, 811 F.2d 586 (Fed. Cir. 1987) (requires clear and unequivocal written statement to CO giving adequate notice of basis and amount of claim)