Samho Enterprise

August 13, 2025Judge Woodrow

DismissedQuantum / DamagesCDA Jurisdiction

Samho Enterprise appealed the government's decision not to exercise a contract option, which the Board dismissed for lack of jurisdiction and failure to state a claim due to the absence of a sum certain.

Material Facts

The Army awarded Contract No. W91QVN-21-D-0042 to Samho Enterprise for repair and preventative maintenance of food service equipment.
The contract was a firm-fixed-price contract with a base period from August 1, 2021, to July 31, 2022, and four one-year option periods.
On July 22, 2022, the contracting officer notified Samho that the government did not intend to exercise the first option year.
Samho alleged that the Army's decision not to exercise the option was arbitrary and capricious and constituted a breach of contract.
The contracting officer responded that the decision was based on performance concerns and a determination to restructure the requirement.
Samho's claim included a request for damages of no less than 427,500,000 KRW.
The contracting officer's final decision stated that Samho's claim was not certified and provided reasons for not exercising the option.
The Board found that Samho's claim did not state a sum certain as required under the CDA.

Parties

Appellant: Samho Enterprise
Respondent Agency: Department of the Army
Contract Number: W91QVN-21-D-0042

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