DSME Construction Co., Ltd.
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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