ASBCA 63960

ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of - ) ) Malika and Refa Environmental Solutions ) ASBCA No. 63960 ) Under Contract No. W91B4N-17-P-5006 ) APPEARANCES FOR THE APPELLANT: Paul A. Debolt, Esq. Venable LLP Washington, DC Allison M. Siegel, Esq. Taylor M. Sorrells, Esq. Venable LLP Tysons, VA APPEARANCES FOR THE GOVERNMENT: Dana J. Chase, Esq. Army Chief Trial Attorney MAJ Danielle C. Naser, JA Trial Attorney OPINION BY ADMINISTRATIVE JUDGE STINSON ON THE GOVERNMENT’S MOTION TO DISMISS FOR LACK OF JURISDICTION Appellant Malika and Refa Environmental Solutions (M&R ES) appeals a contracting officer’s May 29, 2024, final decision denying, in part, appellant’s termination settlement proposal seeking $2,708,262 (R4, tab 66 at 5). 1 On June 27, 2025, the government filed a motion to dismiss the appeal alleging that a second company, M & R USA, Inc. (M&R USA), is actually prosecuting the appeal and is not the real party in interest (gov’t mot. at 1). The government’s motion also requested a stay of proceedings, which appellant did not oppose, and the Board, by Order dated July 16, 2025, granted the request, suspending discovery. For the reasons stated below, we deny the government’s motion. 1 Rule 4 citations are to the government’s supplemental Rule 4 file submitted on September 30, 2025.  STATEMENT OF FACTS (SOF) FOR PURPOSES OF THE MOTION M&R ES Solicitation and Contract 1. On January 27, 2017, M&R ES submitted a proposal to Solicitation No. W91B4N-17-Q-0003 for solid waste disposal; the proposal was signed by Ahmad Alex Momand, with the title of “Co-Founder” (R4, tab 76 at 1, 3). 2 On January 30, 2017, the government recorded verification of M&R ES as a women-owned business concern under Federal Acquisition Regulation (FAR) 52.204-5, WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (OCT 2014) and FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (APR 2016) (R4, tab 78 at 2, 7). 3 2. On February 6, 2017, the Army Regional Contracting Center-East, Afghanistan (RCC-A), accepted the proposal submitted by M&R ES and awarded it Contract No. W91B4N-17-P-5006 (R4, tab 1 at 1). Standard Form 1449 identified the contractor as: MALIKA AND REFA ENVIRONMENTAL SOLUTIONS KARTE NOW DISTRICT 16 KABUL, AFGHANISTAN AHMAD WALI MOMAND (Id.) Contract Termination 3. On June 5, 2021, the government issued Modification No. P0008, terminating the contract for convenience pursuant to FAR 52.212-4 (R4, tab 33 at 1). Ahmad Alex Momand signed the modification as “Co-Founder” on behalf of appellant M&R ES (R4, tab 32 at 1). Mr. Momand signed several other modifications on behalf 2 Mr. Momand is sometimes also referred to in record documents as Ahmad Wali Momand ((R4, tab 6 at 1; tab 27 at 1; tab 53 at 1). 3 The government cites to various documents in support of the proposition that appellant is no longer a woman-owned business (gov’t mot. at 2 n.1, 8-9, 14) and questions whether M&R ES improperly continued to hold itself out as a women-owned concern (gov’t mot. at 11 n.8). However, the government also states that it does not address this issue in detail because it is not “directly relevant to this motion to dismiss for lack of jurisdiction” (id.). We agree and, accordingly, do not address this issue in our decision. 2 of M&R ES (R4, tab 6 at 1; tab 27 at 1; tab 53 at 1), two of which identified Mr. Momand as co-founder of M&R ES (R4, tab 6 at 1; tab 53 at 1). M&R USA Contract 4. M&R USA was organized under the General Corporate Law of California on May 15, 2021, with a street and mailing address listed as 3221 Lookout Point Loop, Discovery Bay, CA (app. supp. R4, tab 90 at 2). On August 24, 2021, the government awarded M&R USA its own Contract No. W91B4N-21-P-2025 for the supply of various items in support of Operation Allies Refugee, Noncombatant Evacuation Operations in Afghanistan (gov’t reply ex. A (Attachment A at 1); aff. of LTC Jay A. Parker ¶ 5).