MTS General Trading & Construction

January 22, 2024Judge Arnett

Denied / Government PrevailedContract Formation / ExistenceCDA Jurisdiction

MTS General Trading & Construction appealed the denial of its claim for unpaid invoices under a Blanket Purchase Agreement with the U.S. Army. The Board denied the government's motion to dismiss for lack of jurisdiction.

Material Facts

The government awarded BPA No. W56KGZ-15-6000 to MTS General Trading Co. on May 17, 2015.
The BPA allowed the government to place call orders for material-handling equipment in Erbil, Iraq.
The government issued numerous orders under the BPA, identifying the contractor as MTS General Trading Company or MTS General Trading & Construction.
On October 6, 2022, the government notified MTS that its registration in SAM.gov had expired.
A claim from 'MTS General Trade and contracting' was certified and submitted to the government on October 11, 2022.
The contracting officer issued a final decision denying the claim on October 27, 2022.
The Board found that MTS General Trading Co., MTS General Trading & Construction, and MTS General Contracting are all associated with Cage Code SXD00 and appear to be the same legal entity.

Parties

Appellant: MTS General Trading & Construction
Respondent Agency: U.S. Army
Contract Number: W56KGZ-15-A-6000

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