58235

Singleton Enterprises

March 24, 2014Judge Clarke
DismissedCDA JurisdictionFailure to Prosecute / Dismissal

Singleton Enterprises appealed a final decision from the contracting officer regarding differing site conditions, which the government moved to dismiss for lack of jurisdiction due to untimeliness. The Board granted the motion and dismissed the appeal.

Material Facts

  • The government awarded Contract No. W912HN-09-C-0035 to Singleton Enterprises on July 30, 2009.
  • Singleton requested a contracting officer's final decision concerning claims for differing site condition and additional requirements on November 10, 2011.
  • The contracting officer issued a final decision denying the claim on March 19, 2012.
  • The final decision was returned as undeliverable on March 27, 2012.
  • The contracting officer sent a copy of the final decision via email on April 11, 2012.
  • Singleton acknowledged receipt of the email with the final decision attached on April 12, 2012.
  • Singleton filed an appeal of the final decision with the Board on July 12, 2012.

Parties

Appellant
Singleton Enterprises
Respondent Agency
U.S. Army Engineer District, Wilmington
Contract Number
W912HN-09-C-0035
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