60367

Government Services Corp.

June 20, 2016Judge O'Sullivan
Denied / Government PrevailedCDA Jurisdiction

The Armed Services Board of Contract Appeals addressed an appeal by Government Services Corp. regarding a deemed denial of a claim for $100,000 due to the government's motion to dismiss for lack of jurisdiction. The Board denied the government's motion, affirming jurisdiction over the claim.

Material Facts

  • On 24 June 2013, DLA Energy awarded Contract No. SP0600-13-D-4025 to appellant for the provision of fuel to the Department of Defense and federal civilian agencies.
  • By letter dated 7 October 2015, appellant submitted a certified claim to the contracting officer in the amount of $100,000.
  • Appellant alleged that a negative rating it received on 10 July 2015 via the Contractor Performance Assessment Report System (CPARS) constituted bad faith and a breach of the duty of good faith and fair dealing owed to it by the government.
  • DLA Energy did not further respond to appellant's 7 October 2015 claim or its 18 November 2015 letter.
  • Appellant filed its notice of appeal from the deemed denial of the claim on 11 December 2015.

Parties

Appellant
Government Services Corp.
Respondent Agency
Defense Logistics Agency- Energy
Contracting Agency
Defense Logistics Agency- Energy
Contract Number
Contract No. SP0600-13-D-4025
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