63878

DSME Construction Co., Ltd.

July 30, 2024Judge Wilson
Sustained / Appellant PrevailedCDA Jurisdiction

The ASBCA affirmed its jurisdiction over an appeal by DSME Construction Co., Ltd. regarding a contract not subject to the Contract Disputes Act (CDA). The Board concluded that it had jurisdiction based on the nature of the contract and the parties' agreement.

Material Facts

  • On April 13, 2023, Contract No. W91QVN-23-D-0038 was awarded by the U.S. Department of the Army to appellant.
  • The contract included Clause 5152.233-4008, which stipulated that all disputes arising under the contract shall be resolved under that clause.
  • On October 17, 2023, the contracting officer terminated the contract for default.
  • Appellant submitted a certified claim to the contracting officer on November 16, 2023.
  • The contracting officer issued a final decision on January 22, 2024.
  • On April 16, 2024, appellant filed its appeal of the COFD.

Parties

Appellant
DSME Construction Co., Ltd.
Respondent Agency
Department of the Army
Contract Number
Contract No. W91QVN-23-D-0038
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