62846

BCC-UIProjects-ZAAZTC Team JV

April 18, 2022Judge Prouty
DismissedCDA JurisdictionStatute of Limitations / Timeliness

The ASBCA dismissed the appeal of BCC-UIProjects-ZAAZTC Team JV due to lack of jurisdiction, as the claims were not submitted by the authorized party. The Board found that the claims were improperly submitted and untimely.

Material Facts

  • BCC and UIP formed a joint venture with ZAAZTC to perform a contract with the United States.
  • ZAAZTC submitted a request for equitable adjustment (REA) seeking about $4 million, which was denied for lack of substantiation.
  • The president of BCC informed the contracting officer that ZAAZTC did not have the right to submit claims on behalf of the joint venture.
  • ZAAZTC submitted a second REA after the first was denied, which was also denied as it was not submitted by an authorized representative.
  • The contracting officer determined that the claims were submitted after final payment and lacked proper authorization.

Parties

Appellant
BCC-UIProjects-ZAAZTC Team JV
Respondent Agency
U.S. Army Engineer District, Middle East
Contracting Agency
United States Army Corps of Engineers
Contract Number
W5J9JE-l l-C-0139
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