Environmental Safety Consultants, Inc.

Material Facts

• ESCI appealed a contracting officer's refusal to approve a request for a progress payment for work performed under Contract 2399.
• The government moved to dismiss for lack of jurisdiction, asserting that the request was never submitted to the contracting officer for a decision under the CDA.
• The request for payment was characterized by ESCI as a non-routine request but was determined to be a routine progress payment request.
• Invoice No. 7 was not in dispute when received by the contracting officer but was returned due to an invalid certification.
• Fourteen years later, ESCI submitted a revised payment request that did not state it was a CDA claim or provide the required CDA certification.

Parties

Appellant

Environmental Safety Consultants, Inc.

Respondent Agency

Navy

Contract Number

N62470-95-C-2399