Summary
The Armed Services Board of Contract Appeals issued an opinion dismissing an appeal filed by Dari Concepts, LLC without prejudice. The Board agreed with the U.S. Army Corps of Engineers that the appellant's October 2023 submission failed to state a sum certain for each distinct claim as required by the Contract Disputes Act. Consequently, the appeal was dismissed, allowing the contractor to revise and refile the claim properly.
Topics
Practice areas
Questions Presented
- Whether the appeal should be dismissed because Dari's submission failed to state a sum certain for each distinct claim seeking monetary relief under the Contract Disputes Act.
- Whether dismissal for failure to state a claim should be without prejudice.
Holdings
- A claim under the Contract Disputes Act seeking monetary relief must include a sum certain for each distinct claim; a submission that lacks that required amount fails to sufficiently plead a CDA claim and may be dismissed for failure to state a claim.
- Dismissal for failure to state a sum certain is without prejudice, permitting the claimant to revise and refile the claim.
Key quotations
“it is mandatory for . . . a claim under the CDA seeking monetary relief to include a sum certain for . . . each distinct claim”
“A claim that does not state a sum certain has not sufficiently pleaded the elements of a claim under the CDA and may be . . . dismissed on appeal to the boards or Court of Federal Claims for failure to state a claim.”
Factual background
Dari Concepts submitted an October 27, 2023 document concerning Contract No. W912ER-22-C-0011. Although Dari contended that the document was a request for equitable adjustment, the contracting officer treated it as a claim and issued a final decision. Dari acknowledged that the submission did not state a sum certain for each distinct claim seeking monetary relief.
Procedural history
Dari submitted a document to the contracting officer on October 27, 2023. The contracting officer treated the submission as a claim, issued a final decision, and denied Dari's request to rescind that decision. Dari then filed a protective appeal with the Board, and the Board dismissed the appeal without prejudice.