A decision dismissing an appeal for lack of jurisdiction for failure to submit a claim was affirmed by the Court of Appeals for the Federal Circuit because the contractor's request for payment on behalf of a subcontractor was routine and not in dispute. The contractor, engaged under an indefinite-delivery/indefinite-quantity contract for design-build work, entered into a basic ordering agreement with a subcontractor for the construction of healthcare facilities and delivery of medical equipment. After the government terminated task orders, the subcontractor submitted invoices to the prime contractor claiming additional indirect labor costs. The contractor did not pay the invoiced amounts and did not submit the invoices to the government for payment, but instead included the amounts in its termination settlement proposal. The government replied that it would not settle the subcontractor's claims, so the contractor included the amounts in a "Certified Claim for Payment," which the contracting officer denied. On appeal, the government moved for dismissal for failure to submit a valid Contract Disputes Act claim. The Armed Services Board of Appeals agreed, ruling the request was routine and the costs were not in dispute and therefore there was no valid sponsored claim under the CDA ( 11-1 BCA ¶34,632).
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