ARMED SERVICES BOARD OF CONTRACT APPEALS 
Appeal of -- ) 
) 
Air Services, Inc. ) 
) 
Under Contract No. W91QV1-12-C-0059 ) 
APPEARANCES FOR THE APPELLANT: 
APPEARANCES FOR THE GOVERNMENT: 
ASBCA No. 59843 
Donald H. Spence, Jr., Esq. 
Cynthia A. Becker, Esq. 
Spence & Becker, LLC 
Gaithersburg, MD 
Raymond M. Saunders, Esq. 
Army Chief Trial Attorney 
Frank A. March, Esq. 
Trial Attorney 
OPINION BY ADMINISTRATIVE JUDGE MELNICK 
ON THE GOVERNMENT'S MOTION TO DISMISS FOR LACK OF JURISDICTION 
Appellant, Air Services, Inc., appeals the contracting officer's 13 February 2015 
decision denying its revised Request for Equitable Adjustment (REA) seeking $105,888 
in extended general conditions costs. The government moves to dismiss for lack of 
jurisdiction, arguing that appellant failed to submit a proper claim pursuant to the 
Contract Disputes Act of 1978 (CDA), 41 U.S.C. §§ 7101-7109. We deny the motion. 
STATEMENT OF FACTS (SOF) FOR PURPOSES OF THE MOTION 
1. On 26 September 2012, the United States Army Mission & Installation 
Contracting Command awarded Contract No. W91QV1-12-C-0059 to appellant for the 
renovation of Building 324 at Fort Belvoir, Virginia (R4, tab 1 at 1-2). The contract was 
awarded as a direct award under the Small Business Administration's Section 8(a) 
Program (id. at 29). The contract incorporated numerous standard Federal Acquisition 
Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DF ARS) 
clauses, including FAR 52.233-1, DISPUTES (JUL2002); FAR 52.242-14, SUSPENSION OF 
WORK (APR 1984); and FAR 52.243-4, CHANGES (JUN 2007) (id. at 9, 27-28). 
2. By email dated 7 March 2014 to contracting officer (CO) David P. Wallace and 
another government official, appellant submitted its change order proposal #8, dated 
24 February 2014, seeking a 36-week time extension and an equitable adjustment of 
$247,900 for extended general conditions costs (R4, tab 49 at 4-19). 

3. On 7 May 2014, CO Wallace emailed appellant's senior project manager, 
Mr. Donald Iak, with the subject line "RE: Building 
324- Fire Alarm RFl#17- Response," 
stating: 
If you are submitting a claim under FAR Clause 52.233-1, 
please follow procedures in FAR Clause 52[.]233-1, 
Sub-paragraph ( c ), ( d)( 1 ), ( d)(2)(i), ( d)(2)(iii), sub-paragraph 
(3 ), ( e ). If you are claiming Request for Equitable 
Adjustment (REA) please follow procedure under DF ARS 
252.243- 7002. In addition, please submit certified payroll 
information for contract W91QV1-12-C-0059. 
(R4, tab 49 at 2) 
4. The paragraphs of the contract's Disputes clause, FAR 52.233-1, cited by 
CO Wallace's 7 May 2014 
email define the term "claim," require that a claim be 
submitted to the CO for a 
written decision within six years of accrual, and require that a 
claim exceeding $100,000 be certified by the contractor. FAR 52.233-l(d)(2)(iii) 
provides: 
The certification shall state as follows: "I certify that the 
claim is made in good faith; that the supporting data are 
accurate and complete to the best of my knowledge and 
belief; that the amount requested accurately reflects the 
contract adjustment for which the Contractor believes the 
Government is liable; and that I am duly authorized to certify 
the claim on behalf of the Contractor." 
DFARS 252.243-7002, REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012), provides in 
pertinent part: 
(a) The amount of any request for equitable adjustment 
to contract terms shall accurately reflect the contract 
adjustment for which the Contractor believes the Government 
is liable. The request shall include only costs for performing 
the change, and shall not include any costs that already have 
been reimbursed or that have been separately claimed. All 
indirect costs included in the request shall be properly 
allocable to the change in accordance with applicable 
acquisition regulations. 
(b) In accordance with 10 U.S.C. 2410(a), any request 
for equitable adjustment to contract terms that exceeds the 
2 

simplified acquisition threshold shall bear, at the time of 
submission, the following certificate executed by an 
individual authorized to certify the request on behalf of the 
Contractor: 
I certify that the request is made in good faith, and that 
the supporting data are accurate and complete to the best of 
my knowledge and belief. 
(Official's Name) 
(Title) 
DFARS 252.243-7002, although cited by CO Wallace, was not incorporated into the 
contract. 
5. Mr. Iak responded to CO Wallace on 7 May 2014, stating in pertinent part: 
I am a little confused by your response below. Are you 
telling me that you have rejected the REA that we sent to 
your attention 
on February 24, 2014? ... 
Have you reviewed the REA we submitted on 2/24/14? Are 
you requesting we revise and resubmit the REA or is it the 
government's decision to reject it in whole and advise us to 
file a claim? Please advise. 
(R4, tab 49 at 1-2) CO Wallace replied on 8 May 2014, stating that he was only seeking 
clarification as to whether appellant was submitting a claim or an REA, and noting that 
appellant's change order proposal did not comply with either FAR 52.233-1 or 
DFARS 252.243-7002 (id. at 1). 
6. CO Maria Belino-Coffeen's 8 May 2014 email to Mr. Iak and others stated: 
Mr. Iak: Good morning. I am reviewing the complete file for 
this REA/Claim; if am [sic] not mistaken you were informed 
by Mr. Wallace on how to submit it properly IA W FAR 
(52.243-1)/DFARs (DFARS 252-243-7001) [sic] whether you 
are submitting a claim or REA. 
As far as documents submitted there were no other supporting 
documents received from your firm to support claim/REA 
other than the letter you have submitted. 
3 

You need to provide all supporting documentations with 
reference to your claim/REA and this has to be certified. 
Please see below excerpts from DFAR[S], paragraph (b). 
(R4, tab 50 at 1) CO Belino-Coffeen proceeded to provide appellant the text of 
DF ARS 252.243- 7002 in its entirety (id.). 
7. By letter dated 22 May 2014, appellant submitted an REA alleging 26 weeks of 
government-caused delay and seeking an equitable adjustment in the amount of $155,733 
in extended general conditions costs (R4, tab 51at1-4). The REA was certified in 
accordance with DFARS 252.243-7002(b) and signed by Mr. lak (id. at 4). 
8. On 13 October 2014, appellant's president, Mr. Wilson Mancilla, inquired of 
CO Belino-Coffeen as to the status of its REA (R4, tab 54 at 1). Appellant's 13 October 
2014 letter stated: 
As you are 
aware, we have been trying to resolve the 
final issue on this project regarding our general conditions. 
We were informed by Mr. David Wallace on August 18, 2014 
that a determination and recommendation had been made 
by 
yourself regarding this matter. He did not state what that 
recommendation was .... 
It has now been seven weeks since you made your 
recommendation, and more than four months since we 
initially submitted on this issue. At this time we respectfully 
request that we be informed of the status of this inquiry. Air 
Services, Inc[.] is very concerned that this matter has been 
possibly overlooked or is not a priority by the government to 
be resolved. This is a very important matter that we need to 
conclude in the near future. Any information or 
communication from you on this matter will be greatly 
appreciated. 
(R4, tab 54 at 2) A 28 October 2014 email from Mr. Mancilla to CO Belino-Coffeen 
suggests that the government had not responded to appellant's 13 October 2014 letter as 
of that date (id. at 1). 
9. Mr. Mancilla again attempted to contact CO Belino-Coffeen regarding 
appellant's REA on 11 November, 14 November, and 19 November 2014 (R4, tab 56). 
On 19 November 2014, CO Belino-Coffeen responded by email: 
4 

Mr. Mancilla: Good afternoon, my apologies for being 
dilatory in responding to your e-mail. ... 
I have reviewed REA submitted by your firm, the supporting 
docs provide[ d] have no specifics other than dollar figures. 
We could discuss this REA or I could reply declining 
submitted REA due to insufficient supporting documents for 
contracting office rot [sic] make a decision. I rather discuss it 
with you. 
(Id. at 1) On 25 November 2014, appellant provided the government with additional 
documentation (R4, tab 57). 
10. By letter dated 13 January 2015, appellant's counsel wrote to 
CO Belina-Coffeen, stating that appellant had submitted an REA for a contracting 
officer's final decision (COFD) on 22 May 2014. Appellant's counsel stated that 
CO Belina-Coffeen, in a 
3 December 2014 email, had promised to issue a decision within 
four weeks, but that no decision had been received by appellant. Appellant's counsel 
advised the CO that if she failed to issue a final decision by 19 January 2015, appellant 
would "deem the claim denied" and appeal either to this Board or to the United States 
Court of Federal Claims. (R4, tab 58 at 2) The 3 December 2014 email referenced in the 
13 January 2015 letter is not in the record. 
11. CO Belina-Coffeen responded to appellant's counsel by email on 13 January 
2015, acknowledging receipt and requesting an additional two weeks to "render my final 
decision" on the 22 May 2014 REA. Appellant's counsel responded the following day: 
"We will look for your final decision on or before February 2, 2015. Thereafter, we will 
deem the decision denied and file the appeal." (R4, tab 60) 
12. By letter to appellant dated 2 February 2015, CO Belino-Coffeen stated that 
upon her review the documents provided by appellant did not support its REA. The CO 
advised appellant that, absent additional supporting documentation, she was inclined to 
deny the REA. (R4, tab 62 at 4-5) 
13. By email to CO Belina-Coffeen dated 5 February 2015, appellant submitted a 
revised REA (R4, tab 64). The revised REA reduced the amount sought to $105,888 (id. 
at 6). As with the original REA, the revised REA contained a DF ARS 252.243- 7002 
certification, signed by Mr. Iak, which stated: "I certify that the request is made in good 
faith, and that the supporting data are accurate and complete to the best of my knowledge 
and belief' (id. at 9). 
5 

14. CO Belino-Coffeen issued a 13 February 2015 "Contracting Officer's Final 
Decision to Request for Equitable Adjustment (REA) under W91QV1-12-C-0059" 
denying appellant's revised REA (R4, tab 66 at 8-20). Although titled a final decision, 
CO Belino-Coffeen's decision did not provide appeal rights and stated: "REA is denied 
without prejudice to the contractor. Government is open to have Air Services document 
submitted for audit by Army Audit Agency to help Air Services better understand 
Government's position as to why REA is being denied." (Id. at 20) 
15. Appellant appealed CO Belino-Coffeen's decision on 19 February 2015. The 
Board docketed the appeal as ASBCA No. 59843. 
16. On 22 April 2015, Mr. Mancilla executed a corrected CDA certification on 
behalf of appellant (app. opp'n, attach.). 
DECISION 
The CDA provides that each "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)(l). The linchpin of the Board's jurisdiction over a 
contractor claim is the contractor's submission of a proper claim to the CO for a decision. 
Puget Sound Environmental Corp., ASBCA Nos. 58827, 58828, 14-1BCA~35,585 
at 174,371; MACH II, ASBCA No. 56630, 10-1BCA~34,357 at 169,673. Although the 
CDA does not define the term "claim," the FAR defines a "claim" as "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 the contract." FAR 2.101. A claim exceeding 
$100,000 must be certified in accordance with 41 U.S.C. § 7103(b). We determine 
whether a contractor's submission is a CDA claim on a case-by-case basis, applying a 
common sense analysis. CCIE & Co., ASBCA Nos. 58355, 59008, 14-1BCA~35,700 
at 174,816; Precision Standard, Inc., ASBCA No. 55865, 11-1BCA~34,669 at 170,787. 
We may examine the totality of the correspondence between the parties in determining 
the sufficiency of a claim. Lael Al Sahab & Co., ASBCA Nos. 58344, 59009, 15-1 BCA 
~ 35,809 at 175,129; Vibration & Sound Solutions Ltd., ASBCA No. 56240, 09-2 BCA 
~ 34,257 at 169,270. 
There is no bright-line distinction between an REA and a CDA claim. A claim 
need not be submitted in any particular format or use any particular wording; the 
contractor need only submit "a clear and unequivocal statement that gives the contracting 
officer adequate notice of the basis and amount of the claim." Contract Cleaning 
Maintenance, Inc. v. United States, 811 F.2d 586, 592 (Fed. Cir. 1987). The government 
correctly notes that "an REA submitted to a contracting officer may satisfy the 
requirements for a claim" (gov't mot. at 4 ). In Reflectone, Inc. v. Dalton, the court 
determined that "an REA provides an example of a written demand for payment as a 
6 

matter of right which is not 'a routine request for payment' and, therefore, it satisfies the 
FAR definition of 'claim."' 60 F.3d 1572, 1577 (Fed. Cir. 1995) (en bane); see also id. 
at 1578 ("Reflectone's REA is clearly '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."'); Zafer Taahhut lnsaat ve Ticaret A.S., ASBCA No. 56770, 11-2 BCA ii 34,841 
at 171,3 92 ("The Reflectone decision determined that an 'REA' can serve as a competent 
claim."). In this appeal, the government does not contend that appellant's revised REA 
fails to meet the FAR definition of a "claim" (see gov't mot. at 4-5; gov't supp. br. 
passim), and we are satisfied that the revised REA meets the requirements of a claim in 
FAR2.101. 
In addition to meeting the FAR definition of a "claim," however, a claim must be 
submitted to the CO for a decision. James M Ellett Construction Co. v. United States, 93 
F.3d 1537, 1543 (Fed. Cir. 1996). This requires that a claim include a request for a 
COFD. M Maropakis Carpentry, Inc. v. United States, 609 F.3d 1323, 1327 (Fed. Cir. 
2010). We have held that a contractor's REA rose to the level of a CDA claim where we 
have found such a request for a final decision. See, e.g., Zafer, 11-2 BCA ii 34,841 
at 171,391-92; Environmental Safety Consultants, Inc., ASBCA No. 54995, 06-1 BCA 
ii 33,230 at 164,666; Southern Automotive Wholesalers, Inc., ASBCA No. 53671, 03-1 
BCA ii 32,158 at 158,998. 
The government argues appellant's revised REA is not a claim because it fails to 
request a final decision (gov't mot. at 4-5). Relying on this Board's decision in Certified 
Construction Company of Kentucky, LLC, ASBCA No. 58782, 14-1BCAii35,662, the 
government contends the DF ARS 252.243- 7002 REA certification and the lack of an 
express request for a COFD render appellant's revised REA deficient as a CDA claim 
(gov't mot. at 5-6). Although the government acknowledges appellant's counsel's 
communications with the CO, the government maintains that the references to a final 
decision in those communications relate to the original REA, not the revised REA (gov't 
mot. at 5). 
Reviewing the totality of the parties' correspondence, we find that appellant 
sought a final decision on its revised REA. The government is correct that appellant's 
revised REA does not itself explicitly request a COFD. A request 
for a final decision 
need not be explicit, however, but may be implied from the context of the submission. 
Rex Systems, Inc. v. Cohen, 224 F.3d 1367, 1372 (Fed. Cir. 2000); Ellett, 93 F.3d at 1543; 
Transamerica Insurance Corp. ex rel. Stroup Sheet Metal Works v. United States, 973 
F.2d 1572, 1576-77 (Fed. Cir. 1992). To the extent that appellant's original 22 May 2014 
REA did not indicate, either expressly or implicitly, that appellant was seeking a final 
decision, appellant subsequently corrected that defect. Appellant's counsel's 13 January 
2015 letter to CO Belino-Coffeen unmistakably indicated that appellant was seeking a 
final decision on its REA (SOF ii 10). CO Belino-Coffeen's response acknowledged that 
appellant was seeking a final decision and requested an extension of time in which to 
7 

render a final decision. Appellant's counsel's reply stated that it expected a final decision 
by 2 February 2015. (SOF ,-r 11) Rather than issue a final decision by that date, 
CO Belino-Coffeen issued a 
2 February 2015 letter indicating that she was inclined to 
deny appellant's REA absent additional information (SOF ,-r 12). Appellant submitted its 
revised REA in response to that letter (SOF ,-r 13). Contrary to the government's position, 
in light of the earlier request for a final decision, we find nothing in this series of 
communications to suggest that appellant was no longer seeking a final decision when it 
submitted its revised REA. See Transamerica, 973 F .2d at 1578 {"This court is loathe to 
believe that in this case a reasonable contractor would submit to the contracting officer a 
letter containing a payment request after a dispute had arisen solely for the contracting 
officer's information and without at the very least an implied request that the contracting 
officer make a decision as to entitlement."). 
The government places undue weight on the fact that appellant's revised REA 
contained a DF ARS REA certification rather than a CDA certification. In Certified 
Construction, upon which the government relies, we first found that the contractor did 
not explicitly or implicitly request a final decision in the letter at issue. Certified 
Construction, 14-1BCA,-r35,662 at 174,572. We then noted that the letter referred to 
itself as an REA, and contained a DF ARS REA certification. Id. Reviewing the totality 
of the record, we found that at all points after the submission of the REA the contractor 
did not treat the letter as a claim until the government raised a statute of limitations 
defense on appeal. Id. Accordingly, we held that the contractor had not submitted a 
claim until the contractor's subsequent letter that explicitly requested a final decision and 
included a proper CDA certification. Id. In reaching that conclusion, the certification 
provided by the contractor was one piece of evidence in determining whether a proper 
CDA claim had been submitted. Although the certification provided was relevant to our 
decision, we did not hold that the presence of a DF ARS REA certification is outcome 
determinative and precludes a finding that a contractor 
submitted a CDA claim or 
implicitly requested a final decision. 
The record in this appeal does not support the inference that by submitting its 
revised REA with a DF ARS REA certification appellant intended its revised REA to not 
be a CDA claim. In arguing that appellant's revised REA was not a CDA claim, the 
government asserts that "[ o ]ne of the contracting officers e-mailed appellant with 
instructions for submitting a claim and an REA and asked appellant to clarify whether it 
was submitting an REA or a claim" (gov't mot. at 5). While CO Wallace's 7 May 2014 
email stated that a claim should be submitted under FAR 52.233-1 and an REA under 
DFARS 252.243-7002 (SOF ,-r 3), appellant's response indicates that it did not understand 
CO Wallace's instruction (SOF ,-r 5). CO Belino-Coffeen's 8 May 2014 email then 
directed appellant to certify its "claim/REA" pursuant to DF ARS 252.243-7002(b) (SOF 
,-r 6). Accordingly, appellant's certifying its revised REA in accordance with 
DFARS 252.243-7002(b), per CO Belino-Coffeen's instruction, does not suggest that 
appellant did not intend its revised REA to be a CDA claim. 
8 

This does not end our jurisdictional analysis. Appellant's revised REA exceeded 
$100,000 and was therefore required to be certified in accordance with 41 U.S.C. 
§ 7103(b). Section 7103(b)(l) requires a contractor to certify that: 
(A) the claim is made in good faith; 
(B) the supporting data are accurate and complete to 
the best of the contractor's knowledge and belief; 
(C) the amount requested accurately reflects the 
contract adjustment for which the contractor believes the 
Federal Government is liable; and 
(D) the certifier is authorized to certify the claim on 
behalf of the contractor. 
The contract's Disputes clause, FAR 52.233-1, implements the CDA certification 
requirement and prescribes specific certification language. Certification in accordance 
with the CDA, where required, is a precondition to this Board's jurisdiction. HEB 
International Logistics, ASBCA No. 59448, 15-1BCAif35,917 at 175,579. Absent such 
certification, the Board lacks jurisdiction to entertain an appeal. GSC Construction, Inc., 
ASBCA No. 59401, 15-1BCAif35,887 at 175,445. A defective certification, however, 
does not deprive the Board of jurisdiction, although it must be corrected prior to a final 
judgment. 41 U.S.C. § 7103(b)(3); Bizhan Niazi Logistic Services Co., ASBCA 
No. 59205, 14-1 BCA if 35,703 at 174,827. 
In Advanced Engineering & Planning Corp., ASBCA Nos. 53366, 54044, 03-1 
BCA if 32, 157, we reserved the question of whether a DF ARS REA certification is 
correctable under the CDA. 1 03-1BCAif32,157 at 158,994. In this appeal, the 
government does not challenge the curability of appellant's DF ARS REA certification, 
stating that appellant's "certification does appear to meet the standard for a defective 
certification that may be corrected" (gov't mot. at 4 ). However, we have a duty to assure 
ourselves that we have jurisdiction to entertain an appeal, even where the parties have not 
raised an issue. Macro-Z Technology, ASBCA No. 56711, 14-1BCAif35,712 
at 174,859, aff'd, Macro-Z Technology v. Mabus, 793 F.3d 1375 (Fed. Cir. 2015). 
Accordingly, we address whether a DFARS REA certification, submitted with an 
otherwise proper claim, may be corrected under the CDA. 
1 In Advanced Engineering, we held that the contractor's REA, which contained a 
DF ARS 252.243- 7002 certification, was not certified in accordance with the CDA. 
03-1BCAif32,157 at 158,994. However, the contractor there had disavowed that 
its REA was a CDA claim and did not seek to correct its certification. Id. 
at 158,992-94. We therefore did not consider whether a DFARS certification 
could ever be considered a defective but correctable claim certification under the 
CDA. Id. at 158,994. 
9 

In determining whether a certification is defective but correctable under the CDA, 
we consider whether the flaws in the attempted certification "are so significant that, 
rather than treat the certification as 'defective' ... we must effectively conclude that no 
certification was submitted." Western Plains Disposal, ASBCA No. 56986, 11-1 BCA 
~ 34,617 at 170,613 (quoting SAE!Americon-Mid-Atlantic, Inc. v. General Services 
Administration, GSBCA No. 12294, 94-2 BCA ~ 26,890 at 133,852). In Western Plains 
Disposal, we considered whether a Certificate of Current Cost or Pricing Data pursuant to 
FAR 15.406-2(a) was correctable under the CDA. 11-1 BCA ~ 34,617 at 170,613. The 
certification at issue in Western Plains Disposal stated, in pertinent part: "This is to 
certify that, to the best of my knowledge and belief, the cost or pricing 
data ... submitted .. .in support of Equitable Reimbursement and Cost Adjustment are 
accurate, complete, and current as of August 23rd, 2009." Id. at 170,612 (explanatory 
notes omitted). Relying on the GSA Board's decision in SAE/Americon-Mid-Atlantic, 
which determined that a Certificate of Current Cost or Pricing Data made the second 
assertion required by the CDA and was therefore not tantamount to the absence of a 
certification, 94-2 BCA ~ 26,890 at 133,852, this Board held that the Certificate of 
Current Cost or Pricing Data "was a defective but correctable CDA certification." 
Western Plains Disposal, 11-1BCA~34,617 at 170,613. Our holding in Western Plains 
Disposal compels the same result in this appeal. The DF ARS REA certification provided 
by appellant in this appeal (SOF ~ 13) makes both the first and second attestations 
required by 41 U.S.C. § 7103(b)(l). It would be anomalous to hold that a Certificate of 
Current Cost or Pricing Data is correctable under the CDA, but find appellant's 
certification uncorrectable where it meets one more prong of a proper CDA certification 
than the Certificate of Current Cost or Pricing Data. Accordingly, we hold that 
appellant's DFARS 252.243-7002 REA certification is correctable under 41 U.S.C. 
§ 7103(b)(3). 2 
CONCLUSION 
The government's motion to dismiss for lack of jurisdiction is denied. 
Dated: 22 October 2015 
(Signatures continued) 
MARK A. MELNICK 
Administrative Judge 
Armed Services Board 
of Contract Appeals 
2 We note that appellant has corrected its defective certification (SOF ~ 16). 
10 

I concur . /. I con~ 
~,,/f #~ -- [b<\--.L-+--
~N~LE~ RICHARD SHACKLEFORD 
Administrative Judge 
Acting Chairman 
Armed Services Board 
of Contract Appeals 
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. 59843, Appeal of Air 
Services, Inc., rendered in conformance with the Board's Charter. 
Dated: 
11 
JEFFREY D. GARDIN 
Recorder, Armed Services 
Board of Contract Appeals