57693

SIA Construction, Inc.

September 17, 2014Judge Wilson
Denied / Government PrevailedCDA Jurisdiction

SIA Construction, Inc. appealed a contracting officer's decision denying its claim for damages related to delivery orders under a multiple award contract. The Board denied the government's motions to dismiss for lack of jurisdiction and for summary judgment.

Material Facts

  • NASA issued request for proposal No. NJ05096224R for multiple IDIQ delivery order contracts for roofing repairs.
  • The SIA contract incorporated FAR 52.233-1, DISPUTES, and FAR 52.216-18, ORDERING.
  • The SIA contract included a clause for limited competition among delivery orders.
  • NASA awarded two delivery orders to SIA and eight to Crown.
  • The NASA Inspector General began an investigation into alleged improprieties involving the Crown contract.
  • Appellant submitted a certified claim demanding $484,327 for bid and proposal costs and anticipated profits.
  • The contracting officer denied appellant's claim in its entirety.

Parties

Appellant
SIA Construction, Inc.
Respondent Agency
NASA
Contract Number
NNJ-05-JH68B
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