59737-957

Anwar Alsabah Company

March 3, 2015Judge Stempler
DismissedCDA JurisdictionAccord & Satisfaction / Release / Waiver

Anwar Alsabah Company petitioned the ASBCA for a decision on its request for payment under a purported contract. The Board dismissed the petition for lack of jurisdiction due to the absence of a properly certified claim.

Material Facts

  • Anwar filed a petition on 12 December 2014 requesting a decision from the contracting officer regarding payment.
  • The petition included a purported memorandum of agreement and an invoice for $791,000.
  • Anwar's initial submission did not include a certification pursuant to the CDA.
  • The government responded, asserting that the purported contract was not a procurement contract under the CDA.
  • Anwar submitted a CDA claim certification on 3 December 2014, but it was not provided with the payment request.
  • The Board directed Anwar to provide evidence of the claim submission and certification.
  • Anwar claimed to have submitted its invoice and contract to the contracting officer on 11 December 2014.

Parties

Appellant
Anwar Alsabah Company
Respondent Agency
Department of the Army
Contract Number
Contract No. CERPUSDS9000097
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