Tiger Enterprises, Inc.
Tiger Enterprises, Inc. appealed a dismissal for lack of jurisdiction regarding its claim under Contract No. FA3030-10-P-0026. The Board found it lacked jurisdiction because the appellant failed to submit a claim to the contracting officer as required by the Contract Disputes Act.
Material Facts
- On 1 April 2010, the government awarded appellant Contract No. FA3030-10-P-0026.
- Under this contract, Tiger was to provide washers and dryers as well as maintenance and repair services on a lease basis to Goodfellow AFB, Texas for three months.
- The contract included FAR 52.217-8, OPTION TO EXTEND SERVICES, allowing the government to extend appellant's services for a limited period.
- The government used this clause to extend appellant's performance through July and August 2010, but no contract modification was recorded.
- Contract 0026 incorporated FAR 52.212-4, which stated that disputes were to be resolved in accordance with FAR 52.233-1.
- Appellant invoiced the government for services provided but the government rejected these invoices, claiming appellant did not fully perform.
- Appellant did not file a claim with the contracting officer related to the unpaid invoices.
- On 3 November 2010, appellant initiated an email chain with the government regarding its claim.
- The government insisted that appellant sign a contract modification to reflect an assignment of claims before accepting invoices.
- Appellant's notice of appeal to the Board was dated 6 December 2010, requesting that the Board deem its November 3, 2010 claim denied.
Parties
- Appellant
- Tiger Enterprises, Inc.
- Respondent Agency
- Department of the Air Force
- Contract Number
- FA3030-10-P-0026
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