Dubai Pearl Company

Material Facts

• DLA awarded Dubai Pearl Company a contract for the sale of metallic and non-metallic scrap in Iraq with a performance period ending December 31, 2014.
• The contract required Dubai Pearl Company to pay the government on a per-kilogram basis and required a deposit.
• DLA never made any scrap available to Dubai Pearl Company.
• The Government of Iraq exercised a right of first refusal and sought to take the scrap.
• Dubai Pearl Company continued asking DLA about the contract status through and after the performance period.
• DLA arranged a refund of the deposit in 2018.
• Dubai Pearl Company's certified claim alleged that the United States had allowed the Iraqi government to seize the scrap and had constructively failed to safeguard contractor performance and property.
• The contracting officer's final decision stated that the claim was untimely and alternatively that liability would have been limited to the deposit.
• The May 3, 2020 letter expressed an interest in compensation but did not state a sum certain or approximate amount, request a final decision, or certify the letter as a claim.

Parties

Appellant

Dubai Pearl Company

Respondent Agency

Defense Logistics Agency

Contracting Agency

Defense Logistics Agency

Contract Number

39-2601-0028