59448

HEB International Logistics

March 12, 2015Judge Newsom
DismissedCDA JurisdictionAccord & Satisfaction / Release / WaiverCommercial Item

HEB International Logistics appealed a contracting officer's final decision denying two claims, which the government moved to dismiss for lack of jurisdiction due to failure to certify the claims as required by the Contract Disputes Act.

Material Facts

  • HEB International Logistics entered into Contract No. W91B4N-09-D-5003 with the United States Army for trucking services throughout Afghanistan.
  • HEB submitted a claim on 9 May 2013 for $6,057,842 and a second claim on 1 July 2013 for $3,424,923.50.
  • Neither claim contained the certification prescribed by FAR 52.233-1(d)(2)(iii).
  • The contracting officer issued a final decision denying both claims on 28 April 2014.
  • HEB timely appealed the denial of its claims by email dated 27 July 2014.

Parties

Appellant
HEB International Logistics
Respondent Agency
Department of the Army
Contract Number
W91B4N-09-D-5003
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