59819

Black Tiger Company

June 29, 2016Judge Page
Denied / Government PrevailedCDA Jurisdiction

Black Tiger Company appealed a motion to dismiss for lack of jurisdiction regarding a contract dispute with the Army. The Board denied the government's motion, establishing jurisdiction based on the appellant's assertion of a contract.

Material Facts

  • On 5 February 2015, appellant filed a notice of appeal with the Board alleging that it has not been paid for equipment it provided to the Army.
  • The notice of appeal included an exchange of emails concerning appellant's request for payment and a CDA certification dated 3 February 2015.
  • The government moved to dismiss for lack of jurisdiction on 12 March 2015, alleging that there is no evidence that the contract identified by appellant actually exists.
  • The government concluded that appellant filed a properly certified claim on 3 February 2015.
  • The ACC-RI CO averred that he had searched various government contract retrieval and archival systems but had been unable to find any information related to the contract documents submitted by appellant.

Parties

Appellant
Black Tiger Company
Respondent Agency
Department of the Army
Contract Number
W91GXE-11-P-0083
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