58616

Metag Insaat Ticaret A.S.

November 4, 2013Judge Delman
Sustained / Appellant PrevailedCDA Jurisdiction

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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