Kellogg Brown & Root Services, Inc.
Kellogg Brown & Root Services, Inc. appealed the contracting officer's deemed denial of a breach-of-contract claim alleging that the government failed to provide required force protection in Iraq. The Board denied the government's motion to dismiss for lack of jurisdiction, holding that the CDA's six-year limitations period is not jurisdictional and rejecting the government's remaining jurisdictional arguments.
Material Facts
- KBRS performed contract services in support of the war effort in Iraq.
- KBRS alleged that the government had a contractual obligation to provide adequate force protection to KBRS and its subcontractors.
- KBRS submitted a breach-of-contract claim to the contracting officer on 29 September 2011.
- KBRS's claim alleged that the Army failed to provide the contractually required force protection.
- KBRS and its subcontractors allegedly mitigated damages by hiring private security companies.
Parties
- Appellant
- Kellogg Brown & Root Services, Inc.
- Respondent Agency
- United States government
- Contracting Agency
- Army
- Contract Number
- DAAA09-02-D-0007
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