5876359286

New Iraq Ahd Company

October 22, 2014Judge Tunks
DismissedCDA JurisdictionStatute of Limitations / TimelinessFailure to Prosecute / Dismissal

New Iraq Ahd Company appealed the denial of its claims for payment under a contract to supply gravel, which the government moved to dismiss for lack of jurisdiction.

Material Facts

  • The Joint Contracting Command/Iraq awarded Contract No. M20133-06-M-6065 to NIAC to deliver 1,600 cubic meters of crushed gravel.
  • The contract price was $180,800, with delivery required within ten days after the contract date.
  • The contract was terminated for cause on 24 February 2006 for failure to deliver.
  • NIAC submitted a request for payment on 8 December 2012.
  • The contracting officer informed NIAC on 8 April 2013 that she could not locate any files on the contract.
  • NIAC filed a notice of appeal on 6 July 2013 from the CO's refusal to make the requested payment.
  • NIAC submitted a certified claim on 16 March 2014, seeking $144,000, two years after the expiration of the statute of limitations.

Parties

Appellant
New Iraq Ahd Company
Contract Number
Contract No. M20133-06-M-6065
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