ASBCA 60658

ARMED SERVICES BOARD OF CONTRACT APPEALS Appeals of -- ) ) KBAJ Enterprises, LLC t/d/b/a Home Again) ASBCA Nos. 59932, 59933 ) 59934,59935 ) Under Contract Nos. SPE5E2-15-V-3380 ) SPE5E7-15-V-2679 ) SPE5E8-15-V-3907 ) SPE5E4-l 5-V-473 l ) APPEARANCE FOR THE APPELLANT: Mr. Joseph Dente General Manager, Member and Corporate Officer APPEARANCES FOR THE GOVERNMENT: Daniel K. Poling, Esq. DLA Chief Trial Attorney John F. Basiak, Jr., Esq. Steven C. Herrera, Esq. J. Maxwell Carrion, Esq. Trial Attorneys DLA Troop Support Philadelphia, PA OPINION BY ADMINISTRATIVE JUDGE MELNICK ON THE GOVERNMENT'S MOTION TO DISMISS FOR LACK OF JURISDICTION The government moves to dismiss these appeals for lack of jurisdiction, arguing, among other things, that appellant failed to submit a proper claim pursuant to the Contract Disputes Act of 1978 (CDA), 41 U.S.C. §§ 7101-7019. Since the Board determines that appellant failed to submit a claim in a sum certain to the contracting officer (CO) for a decision, the government's motion is granted. STATEMENT OF FACTS (SOF) FOR PURPOSES OF THE MOTION 1. In February and March 2015, the Defense Logistics Agency Troop Support (DLA or government) issued unilateral Purchase Order (PO) Nos. SPE5E2-15-V-3380 (PO 3380), SPE5E7-15-V-2679 (PO 2679), SPE5E8-15-V-3907 (PO 3907), and SPE5E4- l 5-V-4 731 (PO 4 731) to KBAJ Enterprises, LLC t/d/b/a Home Again 1 (KBAJ or 1 Each of the POs that is the subject of these appeals was issued to "KBAJ Enterprises DBA." These appeals were filed by appellant's representative in the name of KBAJ Enterprises LLC. At the Board's direction, the parties clarified that the appellant) for the delivery of various supplies. Each PO identified a specific source and part number for the supply and provided a delivery date. (R4, tabs 3, 10, 22, 29) 2. The POs incorporated DLA Directive clause 52.211-9014, CONTRACTOR RETENTION OF TRACEABILITY DOCUMENTATION (AUG 2012) (R4, tab 36 at 149 2, tab 37 at 172). This clause generally provides that a contractor shall maintain traceability documentation when the contractor is not the manufacturer of the item being furnished to the government (R4, tab 35). 3. Subsequent to the issuance of the POs, the CO directed KBAJ to stop work and requested traceability documentation from KBAJ demonstrating that the items being furnished would be supplied by the source identified in the POs. The CO communicated to KBAJ that the POs may be cancelled if no documentation was received. (R4, tab 5 at 21-23, tab 19 at 87-89, tab 24 at 106-07, tab 31 at 127-29) 4. KBAJ requested additional information concerning the agency level protests in connection with the issued POs that prompted the CO's stop work directives (R4, tab 5 at 20, tab 19 at 84-87, tab 24 at 104-05, tab 31 at 127). KBAJ later requested an independent review of the protest matters pursuant to Federal Acquisition Regulation (FAR) 3 3 .103 and the name and contact information of the person who would conduct the review (R4, tab 5 at 19, tab 17 at 58-59, tab 24 at 104, tab 31 at 127). 5. In emails dated 3 April 2015, the CO no ti fled KBAJ that its previously supplied traceability documentation for POs 3380 and 2679 was insufficient and stated her intention to fully cancel the two POs at no cost to either party. The CO also denied KBAJ's prior requests for an independent review, deeming the matters at hand a contract administration issue. (R4, tab 12 at 39, tab 24 at 103) Unilateral modifications cancelling the two POs in their entirety were issued on the same date (R4, tabs 11, 23). 6. In emails dated 7 April 2015, the CO also determined that traceability documentation supplied by KBAJ in connection with POs 3907 and 4731 was insufficient and stated her intention to cancel the POs at no cost to either party. The CO also denied KBAJ's prior requests for an independent review.