Tanik Construction Company, Inc.

Summary

The Armed Services Board of Contract Appeals dismissed Tanik Construction Company, Inc.’s appeal seeking extraordinary contractual relief under FAR Part 50, DFARS Part 250, and Public Law 85-804. The Board held that the request was not a claim under the Contract Disputes Act and that relief under Public Law 85-804 is discretionary and not subject to judicial review. The decision also concluded that the Board lacked jurisdiction over the appeal.

Holdings

1. Tanik's claim was a request for extraordinary contractual relief under Public Law 85-804, FAR Part 50, and DFARS Part 250, not a claim under the Contract Disputes Act. Because Tanik did not submit a valid CDA claim, the Board lacked jurisdiction over the appeal.
2. The Board lacks jurisdiction to review requests for extraordinary contractual relief under Public Law 85-804 because such relief is committed to the exclusive discretion of the executive branch and is not subject to judicial review.
3. The Board could not exercise CDA jurisdiction over claims sounding in tort, and Tanik's allegations of business destruction, fraud, and emotional distress did not establish jurisdiction.

Questions Presented

1. Whether Tanik's claim for extraordinary contractual relief under FAR Part 50, DFARS Part 250, and Public Law 85-804 was a claim under the Contract Disputes Act within the Board's jurisdiction.
2. Whether the Board possesses jurisdiction to review an agency's failure to grant discretionary extraordinary contractual relief under Public Law 85-804.
3. Whether Tanik could recharacterize its extraordinary-relief claim as conventional contract claims after the government moved to dismiss.

Disposition

dismissed