60014

KBAJ Enterprises, LLC t/d/b/a Home Again

November 22, 2016Judge Melnick
DismissedCDA Jurisdiction

KBAJ Enterprises, LLC appealed a deemed denial of its claim for payment under a purchase order. The Board dismissed the appeal for lack of jurisdiction due to the absence of a proper claim submitted to the contracting officer.

Material Facts

  • On 31 July 2014, DLA issued unilateral PO No. SPE5EM-14-V-5503 to KBAJ for the delivery of 500 weather-resistant neoprene rubber strips for a total price of $4,505.
  • KBAJ received notice from DLA that 60 of the 500 shipped items were accepted and received a partial payment of $540.60 for the accepted items.
  • KBAJ corresponded with various DLA personnel seeking an explanation for the withheld payment of $3,964.40 for the remaining items.
  • In a letter dated 21 April 2015, KBAJ requested a decision from Ms. Sax regarding the payment issue and indicated it would appeal if no response was received.
  • KBAJ filed its notice of appeal to the Board on 28 May 2015, appealing the deemed denial of its request for a written decision.

Parties

Appellant
KBAJ Enterprises, LLC t/d/b/a Home Again
Respondent Agency
Department of Defense
Contracting Agency
Defense Logistics Agency
Contract Number
SPE5EM-14-V-5503
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