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Contrack Watts-Uejo Kogyo JV

September 13, 2022Judge Melnick
DismissedContract Formation / ExistenceAuthority of Government Agents

The Armed Services Board of Contract Appeals dismissed the appeals of Contrack Watts-Uejo Kogyo JV for lack of jurisdiction due to the absence of authority from the individual who submitted the claim.

Material Facts

  • Contrack Watts, Inc. and Uejo Kogyo K.K. established a joint venture on April 1, 2016.
  • The Joint Venture Agreement limited each party's authority to act for the JV without prior consent.
  • The government awarded the MATOC to the JV on December 19, 2016.
  • On January 15, 2021, UK noted changes in the JV committee and emphasized that actions must be approved by the JV committee members.
  • Mr. El Bassiouny purported to submit a certified claim to the contracting officer on behalf of the JV on September 28, 2021.
  • The contracting officer responded that the claim was not certified by an authorized individual and one partner objected to it in writing.

Parties

Appellant
Contrack Watts-Uejo Kogyo JV
Respondent Agency
U.S. Army Engineer District, Fort Worth
Contract Number
W912HV-17-D-0013-001
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