Appeals of Sayar Development Inc.

Summary

The Armed Services Board of Contract Appeals grants in part Sayar Development Inc.’s motion for reconsideration concerning ASBCA No. 63894, concluding that Tab 23 constituted a claim but that the claim was uncertified and therefore outside the Board’s jurisdiction. The Board dismisses ASBCA No. 63894 on that basis, denies reconsideration regarding the other appeals, and denies the appellant’s other motions.

Holdings

1. Tab 23, considered together with the attached invoices and its request for a written final decision, constituted a claim demanding payment of money in a sum certain.
2. The Board lacked jurisdiction over a Contract Disputes Act claim exceeding $100,000 that had not been certified.
3. Reconsideration was not warranted on the appellant’s remaining issues because the arguments either had been previously presented and rejected, were raised for the first time on reconsideration, or were beyond the Board’s jurisdiction or irrelevant.

Questions Presented

1. Whether reconsideration was warranted because Tab 23 constituted a request for a contracting officer’s final decision and therefore a claim under the Contract Disputes Act.
2. Whether the Board had jurisdiction over ASBCA No. 63894 when the claim exceeded $100,000 but had not been certified.
3. Whether the appellant’s remaining arguments and additional motions warranted reconsideration or other relief.

Disposition

dismissed