Sungwoo E&C Co., Ltd.

Material Facts

• The appeals arise under several MATOC contracts for construction services provided in the Republic of Korea.
• Sungwoo initially sought 2,050,656,763 Won under several different theories in ASBCA No. 61219, which was reduced to 669,536,295 Won.
• The claim concerning the CPAR ratings did not seek monetary damages and thus did not require certification.
• The government argued that Mr. Song lacked authority to bind Sungwoo when he certified the claims.
• A power of attorney was submitted retroactively authorizing Mr. Yang to sign and certify the claim.
• The government questioned the authority of Mr. Yang to certify the claim, asserting he lacked authority at the time of certification.
• Appellant filed an appeal on November 24, 2020, after more than 60 days had elapsed since the filing of its claim with no final decision from the contracting officer.
• The government renewed its motion to dismiss all three appeals for lack of jurisdiction on September 21, 2021.

Parties

Appellant

Sungwoo E&C Co., Ltd.

Respondent Agency

Department of the Army

Contract Number

Contract No. W91QVN-14-D-0034 et al.