60912

NileCo General Contracting LLC

September 22, 2017Judge McNulty
DismissedCDA Jurisdiction

NileCo General Contracting LLC appealed a deemed denial of its claim under Contract No. W912ER-12-C-0005, which the government moved to dismiss for lack of jurisdiction due to certification issues.

Material Facts

  • NileCo submitted a claim to the contracting officer in the amount of $2,079,137.25 via email.
  • The claim included certification language mandated by the Contract Disputes Act but no electronic or digital signature.
  • The contract was awarded to NileCo on 19 December 2011 for construction services.
  • The government issued a Suspension of Work notice on 28 January 2014.
  • NileCo submitted its claim on 27 July 2016 seeking compensation for withheld payments.
  • The contracting officer acknowledged receipt of the claim and promised a final decision by 20 November 2016.
  • The government terminated the contract for convenience on 4 November 2016.
  • NileCo filed its notice of appeal with the Board on 5 December 2016.

Parties

Appellant
NileCo General Contracting LLC
Respondent Agency
U.S. Army Engineer District, Middle East
Contracting Agency
United States Army Corps of Engineers
Contract Number
W912ER-12-C-0005
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