ERKA Construction Co., Ltd.
ERKA Construction Co., Ltd. appealed a contracting officer's final decision asserting a claim for stolen government fuel. The Board dismissed part of the appeal for lack of jurisdiction and denied the government's motion for summary judgment.
Material Facts
- The contract was awarded to ERKA for a firm fixed-price of $1,659,600.00 to provide burn pit services at Joint Base Balad.
- The contracting officer demanded $495,360 from ERKA for allegedly stolen fuel.
- ERKA's 8 April 2010 letter did not constitute a certified claim under the CDA.
- The government asserted that ERKA committed fraud by stealing fuel and providing it to other contractors.
- The Board found that ERKA's allegations regarding directed changes were not sufficient to establish jurisdiction.
Parties
- Appellant
- ERKA Construction Co., Ltd.
- Respondent Agency
- Department of the Army
- Contract Number
- W91GF5-07-M-4004
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