60987

Phoenix Hawk Construction Company

February 1, 2019Judge Younger
Sustained / Appellant PrevailedCDA Jurisdiction

Phoenix Hawk Construction Company appealed a government motion to dismiss for lack of jurisdiction regarding a contract dispute. The Board denied the government's motion, allowing the appeal to proceed.

Material Facts

  • The government awarded Contract No. W56JSL-12-P-2162 to the appellant on July 30, 2012.
  • Modification No. P00003 terminated the contract in its entirety on February 9, 2013.
  • The government emailed the appellant on March 9, 2014, requesting an invoice.
  • The appellant responded with an email and an undated claim letter on March 9, 2014, claiming $91,734.00.
  • The record includes a purported contracting officer's final decision dated April 3, 2014, stating the appellant was entitled to payment for 60 T-Walls.
  • The contracting officer's final decision dated April 9, 2014, stated the appellant claimed payment for costs in the amount of AFN 6,114,300 ($109,183.93).
  • The government sent the April 9, 2014 final decision to the appellant's email address but did not establish receipt.
  • The appellant emailed the Board on January 10, 2017, stating a claim for T-Walls delivery under the contract.

Parties

Appellant
Phoenix Hawk Construction Company
Respondent Agency
CENTCOM-Joint Theater Support Contracting Command
Contract Number
W56JSL-12-P-2162
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