58801

Taj Al Rajaa Company

February 5, 2014Judge James
DismissedCDA JurisdictionStatute of Limitations / TimelinessFailure to Prosecute / Dismissal

Taj Al Rajaa Company appealed to the ASBCA regarding Contract No. W91GFC-06-M-0169, which the government moved to dismiss for lack of jurisdiction. The Board granted the government's motion, concluding that the appeal was barred by the statute of limitations.

Material Facts

  • Taj Al Rajaa Company filed an appeal on 28 July 2013 regarding Contract No. W91GFC-06-M-0169.
  • The government moved to dismiss the appeal on 17 October 2013 for lack of subject matter jurisdiction.
  • The appellant's emails to the contracting officer did not constitute a CDA claim as they did not seek a sum certain.
  • The alleged contract specified a performance period from 8 May 2006 to 8 May 2007.
  • The appellant's claim for payment accrued prior to the contract's expiration on 8 May 2007.

Parties

Appellant
Taj Al Rajaa Company
Respondent Agency
Department of the Army
Contracting Agency
Army Contracting Command-Rock Island
Contract Number
W91GFC-06-M-0169
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