62082

Sweet Star Logistic Service

September 30, 2020Judge Shackleford
DismissedCDA Jurisdiction

Sweet Star Logistic Service appealed the government's dismissal of its claim for lack of jurisdiction, asserting that it had submitted a valid claim under the Contract Disputes Act. The Board dismissed the appeal, finding that the claim lacked a sum certain.

Material Facts

  • The United States Army awarded Contract No. W91B4N-18-P-5056 to Sweet Star Logistic Service for the delivery of information technology equipment and cable supplies.
  • The total contract price was 14,051,489.13 AFN ($203,644.77).
  • The government notified appellant that some items were missing, damaged, and non-conforming to the contract specifications.
  • The contracting officer informed appellant it was not responsible for items that came up missing.
  • The government issued a bilateral contract modification changing the unit price of contract line item number 0001.
  • Appellant submitted a request for payment that did not include a sum certain or the required claim certification.
  • The government considered appellant’s email as a claim for the amount by which the contract was reduced, but the Board found it did not include a sum certain.
  • The contracting officer issued a final decision denying part of appellant’s purported claim.

Parties

Appellant
Sweet Star Logistic Service
Respondent Agency
Department of the Army
Contract Number
W91B4N-18-P-5056
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