60986

American Green Land Construction Co.

May 10, 2017Judge O'Connell
DismissedCDA Jurisdiction

The Armed Services Board of Contract Appeals dismissed the appeal of American Green Land Construction Co. for lack of jurisdiction due to the failure to submit a claim to the contracting officer prior to filing the appeal.

Material Facts

  • On 17 May 2011, the Department of the Army awarded Contract No. W91JA4-l l-C-7153 to appellant for the construction and installation of a security perimeter wall, gate, and guard tower around a water waste treatment facility in Afghanistan for a total contract value of 7,131,286 Afghani or about $145,000.
  • By memorandum dated 2 September 2011, the government terminated the contract for its convenience.
  • In an email dated 6 September 2011, appellant submitted a termination settlement proposal, seeking payment for incurred costs in the total amount of $141,242.
  • On 10 January 2017, appellant filed what it referred to as a claim letter with the Board, which the Board docketed as a notice of appeal.
  • The claim letter sought payment in the amount of $140,909 and stated that it had received no response from the government to its 6 September 2011 settlement proposal.
  • The government filed a declaration from contracting officer Celeste R. Hobert, who testified that she did not find a claim from appellant.

Parties

Appellant
American Green Land Construction Co.
Respondent Agency
Department of the Army
Contract Number
W91JA4-l l-C-7153
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