ASBCA 58843

ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of -- ) ) Favor Company ) ASBCA No. 58843 ) Under Contract No. 000000-00-0-0000 ) APPEARANCE FOR THE APPELLANT: Mr. Majid Hamid President APPEARANCES FOR THE GOVERNMENT: Raymond M. Saunders, Esq. Army Chief Trial Attorney MAJ Nancy J. Lewis, JA Trial Attorney OPINION BY ADMINISTRATIVE JUDGE DICKINSON ON THE GOVERNMENT'S MOTION TO DISMISS FOR LACK OF JURISDICTION Appellant Favor Company (Favor) filed a notice of appeal (NOA) with the Board to which was attached a document identified by Favor as a contract. The government filed a motion to dismiss for lack of jurisdiction. The purported contract (SOF if 1) does not contain a disputes clause. It has not been alleged that we have jurisdiction over the alleged contract under anything other than the Contract Disputes Act (CDA). We grant the motion. STATEMENT OF FACTS (SOF) FOR PURPOSES OF THE MOTION 1. The record contains a Memorandum for Record dated 16 June 2007 which contains the following information: SUBJECT: Contract for the delivery of Rice, Flour and Cooking Oil 1.1 Project Name: Rice, Flour and Cooking Oil for Humanitarian Assistance 1.2 Coalition Organization Requesting Contract: CPT David Cartwright Jr. 3rd BCT, Project Purchasing Officer FOB Warhorse, Iraq ...  1.3 Contractor Info: ... Favor Company ... 1.4 Content of Proposal: The Contractor will deliver Rice, Flour and Cooking [Oil] as outlined in the scope of work to FOB Warhorse. 1.5 Schedule of Work: The Contractor will deliver all of the Rice, Flour and Cooking Oil in one shipment. All Rice, Flour and Cooking Oil will be delivered to FOB Warhorse, Iraq. . . . The Contractor will discuss any need to deviate from the scope of work with the Project Coordination Cell before doing so. The Projects Coordination Cell is the only agency with the authority to permit the Contractor to deviate from the scope of work and the only agency that can issue orders to the Contractor.... 1.6 Cost of Work: $15,000.00. The Contractor is expected to purchase his materials at the price that he included in the Scope of Work. Any deviation from the agreed purchases or increase in cost of materials will be at the expense of the Contractor. 1. 7 Purchase Request and Commitment Number: CP3CAV71413546 BN BULK 1.8 Performance Time: The Contractor has 15 days to complete the project. The Contractor will notify the Coalition Project Manager if he thinks that he will go past schedule .... 1.10 Payment: The Contractor will be paid 100% of payment upon delivery of the goods. (R4, tab 3) The document was signed by Coalition Project Manager/Project Purchasing Officer CPT David Cartwright Jr., Assistant Coalition Project Manager/Paying Agent CPT Joseph C. Catamisan, and Shawqi Ali on behalf of Favor (id.). It is this document that appellant contends is a contract over which this Board may exercise jurisdiction. 2  2. The government paid for supplies delivered under CP3CAV71413546 in full by voucher No. 207399 dated 3 August 2007 (R4, tab 6, Raymond decl. if 4). 3. The record shows that the first contact by Favor seeking the alleged payment now at issue (see SOF if 4) was on 10 April 2013 (R4, tab 7, Wysoske decl. if 2). The record contains the declaration of Joan Wysoske, Contracting Officer (CO) and Chief of the Reachback Closeouts Office for the U.S. Army, that stated: 4. The appellant's Agreement is not a standard contract. The Agreement appears to be a Commanders' Emergency Response Program ("CERP") agreement based upon the PR&C numbering system, type of services purchased, and general document format. ... 6. [T]he appellant's Agreement does not exist in the government contract retrieval and archival systems. 8.