White Hand Company, LLC
Docket: ASBCA 59184
Decision date: 2015-06-02

ARMED SERVICES BOARD OF CONTRACT APPEALS 
Appeal of --
White Hand Company, LLC 
Under Contract No. 1108-MROC-004 
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ASBCA No. 59184 
APPEARANCE FOR THE APPELLANT: Mr. Haider Zaid Shahata 
President 
APPEARANCES FOR THE GOVERNMENT: Raymond M. Saunders, Esq. 
Army Chief Trial Attorney 
L TC Mark A. Ries, JA 
L TC Peter D. DiPaola, JA 
Trial Attorneys 
OPINION BY ADMINISTRATIVE JUDGE DICKINSON ON THE 
GOVERNMENT'S MOTION TO DISMISS FOR LACK OF JURISDICTION 
Appellant White Hand Company, LLC, seeks payment from the United States 
Government for work done under the Iraqi Commander's Emergency Response 
Program (I-CERP) Contract No. 1108-MROC-004. The government has moved to 
dismiss the appeal for lack of jurisdiction. Appellant opposes the motion. 
STATEMENT OF FACTS (SOF) FOR PURPOSES OF THE MOTION 
1. The contract at issue was awarded by the Mosul Reconstruction Operations 
Center (MROC) on 10 December 2008 (gov't mot., ex. 5). The MROC and its 
mission were described by its former Deputy Chief as: 
2. The MROC was established in partnership with the 
Iraqi government to assist the local populous of the 
Ninevah Province in building civil capacity through the 
execution of reconstruction projects, which were executed 
under the [I-CERP]. I-CERP projects involved urgent, 
small-scale, humanitarian relief, and reconstruction 
projects and services that would immediately assist the 
indigenous population and were of a scale that the local 
population or government could sustain. These projects 
were solely for the benefit of the Iraqi people and could not 
be for the direct benefit or the use of the U.S. government 

or Coalition Forces. All 1-CERP projects utilized Iraqi 
Government funds. 
3. Concerning these reconstruction projects, the 
MROC synchronized its efforts in nominating projects 
with the cognizant Iraqi ministries and Director Generals. 
The Director Generals would then approve projects and 
select the contractors. At this point, an 1-CERP Project 
Purchasing Officer ("PPO") would award the 1-CERP 
projects to the selected contractors 
and undertake the 
administration's projects to ensure the contractors executed 
them properly. 
4. In 1-CERP project number 1108-MROC-004, the 
MROC sought to repair damage caused to the Al Salaam 
Hospital by a vehicle-borne improvised explosive device 
[in order to] enable the restoration of health care service to 
the residents of Mosul. 
(Gov't mot., ex. 1, see also gov't mot., exs. 2-5, 8) 
2. Specifically, the guidance for purchases under the 1-CERP provides: 
[1-CERP] funds are government of Iraq (GOI) funds for 
urgent reconstruction projects to benefit the citizens of Iraq 
while simultaneously growing and achieving Iraqi military 
and civil self-sufficiency. 1-CERP uses U.S. procurement 
and financial systems. GOI allocates 1-CERP funds by 
province based on population density. 
1-CERP rules and guidance: 
• Prominently feature the new Iraqi flag and use 
other techniques to associate 1-CERP projects 
with an Iraqi government that is working to live 
up to its promise of essential services. 
Specific uses for 1-CERP include the following: 
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• Health clinics; repair or reconstruction. 
I-CERP cannot be used for the following: 
• Projects with a direct or indirect benefit to U.S., 
coalition, or supporting military personnel. 
(Gov't mot., ex. 9 at 23-24) 
3. There is no provision in the I-CERP contract (gov't mot., ex. 5) or in the 
I-CERP guidance (gov't mot., ex. 9 at 23-25) that gives the Board jurisdiction to 
adjudicate disputes under the contract. 
4. The project work was considered complete on 18 April 2009 and turned over 
to the Government of Iraq on that date. The I-CERP Final Government of Iraq 
Closure Letter stated: 
Signing of this document signifies final closure of the 
enclosed project, relinquishes further responsibility from 
Coalition Forces and represents receipt of responsibility for 
further operating and maintenance costs to the Government 
of Iraq. 
(Gov't mot., ex. 7) The document was signed by the Deputy Director General of 
Health on behalf of the Government of Iraq. 
DECISION 
We have 
previously held that we have no jurisdiction to decide disputes arising 
under CERP contracts which, even though funded with United States Government 
appropriated funds, are for the direct benefit of the indigenous population of Iraq and 
Afghanistan. Latifi Shagiwall Construction Co., ASBCA No. 58872, 15-1 BCA 
if 35,937. The evidence before us demonstrates that I-CERP contracts are even further 
removed from our jurisdiction as they are contracts funded entirely by the Iraqi 
Government for the direct benefit of the Iraqi people. The only involvement of the 
United States Government in an I-CERP contract is to act as the agent of the Iraqi 
Government in issuing the Iraqi-funded contracts and administering them to ensure 
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that the contract is performed as required by its terms. There is no evidence that the 
1-CERP contract now at issue provides any remedy to the contractor that obligates the 
United States Government or its funds, nor is there any provision which creates 
jurisdiction for this Board to adjudicate disputes under the 1-CERP contract. 
The government's motion to dismiss for lack of jurisdiction is granted. 
Dated: 2 June 2015 
I concur 
Administrative Judge 
Acting Chairman 
Armed Services Board 
of Contract Appeals 
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DIANA S. DICKINSON 
Administrative Judge 
Armed Services Board 
of Contract Appeals 
RICHARD SHACKLEFORD 
Administrative Judge 
Vice Chairman 
Armed Services Board 
of Contract Appeals 
I certify that the foregoing is a true copy of the Opinion and Decision of the 
Armed Services Board of Contract Appeals in ASBCA No. 59184, Appeal of White 
Hand Company, LLC, rendered in conformance with the Board's Charter. 
Dated: 
4 
JEFFREY D. GARDIN 
Recorder, Armed Services 
Board of Contract Appeals