Metag Insaat Ticaret A.S.
Metag Insaat Ticaret A.S. appealed a government motion to dismiss for lack of jurisdiction, asserting that the contracting officer had not issued a final decision on its claim. The Board denied the government's motion, affirming its jurisdiction.
Material Facts
- The United States Army Corps of Engineers awarded Contract No. W912ER-10-C-0027 to Metag Insaat Ticaret, A.S. for $24,200,000.
- The contract involved the design and construction of three storage warehouses and a vehicle maintenance facility at Bagram Air Field, Afghanistan.
- The contracting officer issued a performance evaluation rating the appellant's performance as 'MARGINAL' or 'UNSATISFACTORY' on 11 of 33 performance elements.
- Appellant submitted a claim letter on 19 February 2013 requesting a final decision on the performance evaluation.
- The contracting officer's response to the claim was not identified as a decision under the Contract Disputes Act and did not advise the appellant of its appeal rights.
Parties
- Appellant
- Metag Insaat Ticaret A.S.
- Respondent Agency
- U.S. Army Engineer District, Middle East
- Contract Number
- W912ER-10-C-0027
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