Appeal of Industrial Marine, Inc.

Summary

The Armed Services Board of Contract Appeals granted the government's motion to dismiss Claim 2 of Industrial Marine, Inc.'s complaint. The Board held that the claim for compensation for work removed from the contract's scope was not previously presented to the contracting officer, involved materially different operative facts from the delay-cost claim, and was uncertified despite exceeding $100,000; Claim 1 remained pending.

Holdings

1. The Board lacked jurisdiction over Claim 2 because Industrial Marine did not establish by a preponderance of the evidence that it had submitted that claim to the contracting officer for decision before presenting it to the Board.
2. Claim 2 was jurisdictionally distinct from Claim 1 and from the claims presented to the contracting officer because it concerned payment for work removed from the contract's scope, whereas the earlier claim concerned delay costs and inflation for work that was completed.
3. Even if Claim 2 had been presented to the contracting officer, the Board would lack jurisdiction because the claim exceeded $100,000 and was not certified.

Questions Presented

1. Whether the Board had jurisdiction over Claim 2 when Industrial Marine had not presented that claim to the contracting officer for a final decision before filing it with the Board.
2. Whether Claim 2 was the same claim, or arose from the same operative facts and sought similar relief, as the delay and inflation claim presented to the contracting officer.
3. Whether the Board had jurisdiction over Claim 2 despite the absence of certification for a claim exceeding $100,000.

Disposition

dismissed