HEJRAN HEJRAT CO. LTD, Appellant
UNITED STATES ARMY CORPS OF ENGINEERS, Appellee
from the Armed Services Board of Contract Appeals in No.
61234, Administrative Judge Donald Evan Kinner,
Administrative Judge J. Reid Prouty, Administrative Judge
Aloysius Hennessey, The Law Office of Joseph Hennessey, LLC,
Chevy Chase, MD, argued for appellant.
Jessica R. Toplin, Commercial Litigation Branch, Civil
Division, United States Department of Justice, Washington,
DC, argued for appellee. Also represented by Joseph H. Hunt,
Robert Edward Kirschman, Jr., Patricia M. McCarthy.
Newman, Dyk, and Wallach, Circuit Judges.
Hejrat Co. Ltd. ("HHL") appeals from a decision by
the Armed Services Board of Contract Appeals
("Board") dismissing HHL's case for lack of
jurisdiction. Because we conclude that there was a request
for a final decision by a contracting officer and a final
decision entered by the contracting officer, we reverse and
remand for further proceedings.
appeal arises from HHL's 2011 contract with the United
States Army Corps of Engineers ("USACE") to provide
transportation services in Afghanistan. After the contract
expired, HHL requested additional compensation from the USACE
based on alleged violations of the contract: suspension of
work, changes to the contract requirements, and termination
of the original contract. After various preliminary
submissions, on March 5, 2015, HHL submitted a document
entitled "Request for Equitable Adjustment (REA)"
with a sworn statement by HHL's Deputy Managing Director
having "full management [authority] to . . . close out .
. . the contract." J.A. 70. In that submission, HHL
requested that the submission be "treated as a[n]
REA," J.A. 74, and requested $4, 137, 964 in
compensation. The contracting officer denied HHL's
request on March 26, 2017, in what the contracting officer
characterized as the "Government's final
determination in this matter." J.A. 116. HHL appealed
the decision, but the Board concluded that it did not have
jurisdiction because "[a]t no point, in six years of
communication with the [USACE], has HHL requested a
contracting officer's final decision." J.A. 4.
appealed to our court. We have jurisdiction pursuant to 28
U.S.C. § 1295(a)(10). We review the Board's
determination of its jurisdiction de novo. Reflectone,
Inc. v. Dalton, 60 F.3d 1572, 1575 (Fed. Cir. 1995) (en
order for the Board to have jurisdiction, there must be a
final decision by a contracting officer on a claim.
Parsons Glob. Servs. v. McHugh, 677 F.3d 1166, 1170
(Fed. Cir. 2012) (citing 41 U.S.C. § 7103). The issue on
appeal is whether HHL requested a contracting officer's
final decision on a claim, such that the officer's denial
constituted a final decision that supported the Board's
statute provides that "[e]ach claim by a contractor
against the Federal Government relating to a contract shall
be submitted to the contracting officer for a decision."
41 U.S.C. § 7103(a)(1). Thus, in order to constitute a
claim a contractor must request a final decision by a
contracting officer. M. Maropakis Carpentry, Inc. v.
United States, 609 F.3d 1323, 1327 (Fed. Cir. 2010)
(citing James M. Ellet Const. Co., v. United States,
93 F.3d 1537, 1543 (Fed. Cir. 1996)) ("The CDA . . .
requires that a claim indicate to the contracting officer
that the contractor is requesting a final decision.").
evaluate whether a particular request for payment amounts to
a claim based on the [Federal Acquisition Regulations (FARs),
] . . . the language of the contract in dispute, and the
facts of each case." Parsons, 677 F.3d at 1170.
Under the relevant FAR, a claim is defined as "a written
demand or written assertion by one of the contracting parties
seeking, as a matter of right, the payment of money in sum
certain." FAR 52.233-1(c) (2002).
contends that its March 5, 2015, submission constituted a
claim within the meaning of the CDA. There is no dispute that
HHL's March 5 submission was under the FAR a
"written demand . . . seeking, as a matter of right, the
payment of money in sum certain." Id. Indeed,
the Board found that in its submissions "HHL adequately
described five ...