Ahjar Shat Alarab Albidhaa Co.

November 4, 2015Judge Delman

Sustained / Appellant PrevailedCDA JurisdictionAccord & Satisfaction / Release / Waiver

Ahjar Shat Alarab Albidhaa Co. appealed a dismissal for lack of jurisdiction regarding a contract dispute with the Department of the Army. The Board denied the government's motion to dismiss, finding jurisdiction under the Contract Disputes Act.

Material Facts

The appellant entered into a contract with the government to deliver 23 refrigerated containers at a total price of $522,100.00.
The government contended that the contract does not exist in any government archival system.
The appellant received a DD 250 form substantiating the delivery and acceptance of the containers in 2009.
The appellant submitted an invoice for the full contract price on 12 July 2009.
The appellant contacted the Army Corps of Engineers in December 2014 regarding the contract, but was informed that the contract was not issued by them.
The appellant submitted a certified claim to the government via email on 10 December 2014, which included a signed CDA claim certification and an invoice.
The government contended that it did not receive the appellant's 10 December 2014 email or any attachments.

Parties

Appellant: Ahjar Shat Alarab Albidhaa Co.
Respondent Agency: Department of the Army
Contract Number: W91GY3-09-M-7846

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