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62980

KiewitPhelps

March 24, 2025Judge Eyester
Denied / Government PrevailedCDA JurisdictionDCAA Involved

KiewitPhelps appealed a decision by the Army Corps of Engineers regarding the certification of a claim under Contract No. W9128F-12-C-0023. The Board denied the government's motion to dismiss for lack of jurisdiction.

Material Facts

  • The contract was awarded to KiewitPhelps on August 16, 2012, for construction services.
  • KiewitPhelps submitted a claim on July 10, 2020, seeking a contracting officer's final decision.
  • The claim included a request for $13,702,363, divided into two parts: $8,803,026 for delays and $4,899,337 for additional costs.
  • The serial letter submitted by KiewitPhelps did not include certification language.
  • KiewitPhelps provided a signed certification to DCAA on September 29, 2020, which was not forwarded to the contracting officer.

Parties

Appellant
KiewitPhelps
Respondent Agency
U.S. Army Engineer District, Omaha
Contract Number
W9128F-12-C-0023
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