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PROTEC GmbH

May 30, 2018Judge Sweet
Sustained / Appellant PrevailedCDA Jurisdiction

PROTEC GmbH appealed the government's motions to dismiss based on jurisdictional grounds related to the validity of the contracting officer's final decisions. The Board denied the motions, affirming its jurisdiction over the appeals.

Material Facts

  • The government awarded Contract No. W912CM-14-D-0007 to PROTEC GmbH for maintenance, inspection, and repair of fire systems on 28 September 2014.
  • The government rated PROTEC as unsatisfactory in a CPARS evaluation on 26 October 2015.
  • PROTEC submitted a certified claim regarding the CPARS evaluation and another for unpaid invoices totaling €143,615.92.
  • The contracting officer issued a COFD on 6 February 2017, denying PROTEC's claims for various reasons related to performance.
  • The government awarded Contract No. W912CM-14-P-0008 to PROTEC for maintenance and repair of electronic systems on 20 December 2013.
  • PROTEC submitted a certified claim for unpaid invoices totaling €141,827.88 on 31 October 2016.
  • The contracting officer issued a COFD on 28 February 2017, denying the claim due to failure to provide timely documentation.
  • Concerns about PROTEC's performance were raised by the contracting officer's representative, leading to an ongoing criminal investigation.

Parties

Appellant
PROTEC GmbH
Respondent Agency
Department of the Army
Contract Number
W912CM-14-D-0007
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