59156

Al Rafideen Company

May 7, 2015Judge Newsom
DismissedCDA JurisdictionAccord & Satisfaction / Release / Waiver

Al Rafideen Company appealed a contracting officer's final decision denying its demand for payment under Contract No. W91GDW-10-D-2000. The Board dismissed the appeal for lack of jurisdiction due to the absence of a required certification.

Material Facts

  • The Joint Contracting Command-Iraq/Afghanistan awarded Contract No. W91GDW-10-D-2000 to Al Rafideen Company on 23 March 2010.
  • The contract included FAR clause 52.212-4, which stated that it was subject to the CDA.
  • The contracting officer issued delivery order 0013 for 12,617 cubic meters of sand for $214,489.
  • The contracting officer notified the appellant in September 2011 that there was no further need for sand under delivery order 0013.
  • The total funding remaining after modifications was $69,956.51, which the government asserts was paid on 21 February 2012.
  • On 23 September 2013, the appellant sought compensation for expenditures incurred in 2011.
  • The appellant submitted a document entitled 'Claim, Explanation, Invoices' dated 7 October 2013, which lacked a signature and certification.
  • The contracting officer calculated the amount demanded to be $146,000 and notified the appellant that it needed to be certified.
  • The appellant resubmitted the claim on 10 October 2013, demanding $117,604.64, but it still lacked a proper certification.
  • The contracting officer issued a final decision denying the claim on 20 December 2013, which was corrected on 30 December 2013.
  • The appellant submitted the appeal to the Board on 11 February 2014.

Parties

Appellant
Al Rafideen Company
Respondent Agency
Department of the Army
Contract Number
W91GDW-10-D-2000
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