ASBCA 60649

ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of-- ) ) Areyana Group of Construction Company ) ASBCA No. 60649 ) Under Contract No. W5J9LE-12-C-0044 ) APPEARANCE FOR THE APPELLANT: Mr. Zabit Khan Director APPEARANCES FOR THE GOVERNMENT: Michael P. Goodman, Esq. Engineer Chief Trial Attorney James D. Stephens, Esq. Engineer Trial Attorney U.S. Army Engineer District, Middle East Winchester, VA Edward J. McNaughton, Esq. Engineer Trial Attorney U.S. Army Engineer District, Memphis OPINION BY ADMINISTRATIVE JUDGE PAUL ON JURISDICTION This is a timely appeal of a contracting officer's final decision (COFD) denying appellant Areyana Group of Construction Company's (AGCC's) request for a no-cost time extension, as well as additional costs for construction of a groundwater storage tank. The Contract Disputes Act (CDA), 41 U.S.C. §§ 7101-7109, is applicable. Pursuant to an order dated May 17, 2018, the Board instructed the parties to brief the issue of the Board's jurisdiction; only the government responded to our order. 1 FINDINGS OF FACT 1. On May 28, 2012, the government entered into a fixed-price contract, No. W5J9LE-12-C-0044, with AGCC in a total amount of$4,754,40I.51 (R4, tab 7 at 1-2 of 47). As stated in the contract: 1 This appeal was consolidated with ASBCA No. 60648. We promulgated a decision dismissing that appeal on May 11, 2018. Areyana Group a/Construction Co., ASBCA No. 60648, 18-1 BCA ,i 37,050. Familiarity with that decision is ·presumed. f  This project consists of the design and construction of site improvements and construction of facilities to support the Afghanistan National Police (ANP) program for one ( 1) Provincial Response Company (PRC) compound serving a population of approximately one hundred thirty-one (131) personnel, to be located in Lashkar Gah, Helmand, Province, Afghanistan. This project is defined as the management, planning, design, material, labor, and equipment, to site adapt and construct all utilities, vehicular access, buildings, force protection measures, site security, mine clearance activities, and other features as required herein. (Id. at 6 of 47) 2. The contract incorporated by reference several Federal Acquisition Regulation (FAR) clauses, including FAR 52.233-1, DISPUTES (JUL 2002) (id. at 8 of 4 7), which stated, in pertinent part: (c) Claim, as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the [CDA] until certified. 3. The contract contained FAR 52.211-12, LIQUIDATED DAMAGES-CONSTRUCTION (SEP 2000), which provided for damages in the amount of $1,301.00 for each day of delay in completing the work. In addition, the contract included FAR 52.211-10, COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984), which stated: The Contractor shall be required to (a) commence work under this contract within Ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than Three hundred Sixty-five (365) calendar days after Notice to Proceed 2  (NTP). The time stated for completion shall include final cleanup of the premises. (R4, tab 7 at 44-45 of 47) 4.