59065

Zomord Company

June 10, 2014Judge James
Denied / Government PrevailedCDA JurisdictionStatute of Limitations / TimelinessCommercial Item

Zomord Company appealed a contracting officer's decision denying its claim for payment under a contract for gravel delivery, which the government moved to dismiss for lack of jurisdiction. The Board denied the government's motion, finding that Zomord's appeal was timely.

Material Facts

  • Zomord Company was awarded Contract No. H92236-07-P-4330 for gravel delivery on 3 January 2007.
  • The contract price was $100,050 for 725 cubic meters of gravel, to be delivered by 26 January 2007.
  • Modification No. P0001 increased the gravel quantity to 1,088 cubic meters and the price to $150,144.
  • Zomord delivered the full quantity of gravel and submitted an invoice for $150,144 on 19 January 2007.
  • The contracting officer issued Modification No. P0002 on 21 January 2007, terminating the contract for cause.
  • Zomord claimed it never received Modification No. P0002.
  • Zomord submitted a certified claim on 5 February 2013, which was denied by the contracting officer's final decision on 22 March 2013.
  • Zomord appealed to the Board on 6 December 2013.

Parties

Appellant
Zomord Company
Contract Number
H92236-07-P-4330
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