58778

New Iraq Ahd Company

June 12, 2014Judge Dickinson
DismissedContract Formation / ExistenceCDA JurisdictionFailure to Prosecute / Dismissal

New Iraq Ahd Company appealed for compensation related to materials purchased for a fence installation project in Iraq. The Board dismissed the appeal for lack of jurisdiction due to the absence of a binding contract.

Material Facts

  • NIAC sought $175,440.00 USD as compensation for materials purchased to install a fence.
  • A Memorandum of Agreement (MOA) was executed on 5 September 2008, which stated that the agreement would not become effective until funding was approved.
  • NIAC incurred costs for materials prior to the availability of funding and the issuance of a Notice to Proceed (NTP).
  • Funding never became available for the project, and an NTP was never issued to NIAC.
  • NIAC did not perform any work described in the MOA.

Parties

Appellant
New Iraq Ahd Company
Contract Number
000000-00-0-0000
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