59777

Joseph Sottolano

April 22, 2015Judge McIlmail
DismissedCDA JurisdictionAccord & Satisfaction / Release / Waiver

Joseph Sottolano appealed the denial of a claim for monetary damages following the termination of his baseball-coaching contract with the Army Athletic Association. The Board dismissed the appeal for lack of jurisdiction.

Material Facts

  • Sottolano entered into a contract with the Fund for services as Head Baseball Coach effective July 1, 2010.
  • The contract's Disputes clause stated it was not subject to the Contract Disputes Act of 1978.
  • The Fund terminated the contract for cause on September 24, 2013.
  • Sottolano filed a request for monetary damages on May 5, 2014, which included various claims but did not state a sum certain.
  • The contracting officer found the May 5, 2014 submission was not a cognizable claim due to the lack of a sum certain.
  • Sottolano's counsel later submitted a letter on September 17, 2014, stating a sum certain of $2,740,000, but it lacked the required certification.

Parties

Appellant
Joseph Sottolano
Respondent Agency
Army Athletic Association
Contract Number
ODIA-10-04-009
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