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VLOX, LLC

September 3, 2014Judge McIlmail
Denied / Government PrevailedCDA Jurisdiction

VLOX, LLC appealed the government's motion to dismiss for lack of jurisdiction regarding payment requests under Contract No. W91B4N-09-D-5005. The Board denied the motion, determining that the payment requests constituted claims.

Material Facts

  • The contract was an indefinite delivery, indefinite quantity contract for trucking services throughout Afghanistan.
  • The contract required the contractor to submit monthly invoices containing specified information.
  • VLOX, LLC submitted five separate requests for payment for unpaid demurrage charges, labeled as 'Batches' 1 through 5.
  • Each batch sought a different specified payment amount and included a CDA certification.
  • The contracting officer issued a final decision acknowledging Batch 2 as a claim and awarded a reduced amount.
  • VLOX, LLC filed appeals after the contracting officer did not issue decisions on Batches 1, 3, 4, 5, and 6.

Parties

Appellant
VLOX, LLC
Respondent Agency
Department of the Army
Contract Number
W91B4N-09-D-5005
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