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New Claims Must Be Submitted to Contracting Officer
Under the Contract Disputes Act of 1978 (41 U.S.C. § 7103) a contracting officer’s decision (or failure to render a decision) on a written claim is an essential prerequisite to the vesting of jurisdiction in a contract appeals board to consider and adjudicate a dispute. Thus, new claims first advanced on appeal without being submitted to the contracting officer are beyond the jurisdiction of the Board. Appeal of: Flippo Constr. Co., Inc., DCCAB No. D-1422, 2017 WL 6209930 (D.C.C.A.B. June 9, 2017); Appeal of: Keystone Plus Constr. Corp., DCCAB No. D-1358, 2012 WL 554443 (D.C.C.A.B. Jan. 27, 2012); Modular Devices, Inc. ASBCA No. 24198, 82-1 BCA ¶ 15,536.
Updated: August 2, 2018
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