ARMED SERVICES BOARD OF CONTRACT APPEALS 
 
Appeal of - )  
 )  
Dari Concepts, LLC ) ASBCA No. 63889 
 )   
Under Contract No. W912ER-22-C-0011 )  
    
APPEARANCES FOR THE APPELLANT: Marques O. Peterson, Esq. 
Aleksey Dabbs, Esq. 
    Pillsbury Winthrop Shaw Pittman LLP 
    Washington, D.C. 
 
Mary E. Buxton, Esq. 
  Pillsbury Winthrop Shaw Pittman LLP 
  Los Angeles, CA 
 
APPEARANCES FOR THE GOVERNMENT: Michael P. Goodman, Esq. 
    Engineer Chief Trial Attorney 
 Martin Chu, Esq. 
Ken T Kajihiro, Esq. 
    Engineer Trial Attorneys 
  U.S. Army Engineer District, Middle East 
  Winchester, VA 
 
OPINION BY ADMINISTRATIVE JUDGE WITWER DISMISSING THE APPEAL 
WITHOUT PREJUDICE FOR FAILURE TO STATE CLAIM 
 
 Respondent, the U.S. Army Corps of Engineers, moves to dismiss this appeal 
without prejudice, arguing that appellant, Dari Concepts, LLC, failed to state a sum 
certain for each distinct claim in its October 27, 2023, submission to the contracting 
officer (gov’t mot. at 1).  Dari joins the Corps in requesting dismissal, stating that it 
did not intend the October 2023 submission to be a claim but rather a Request for 
Equitable Adjustment (REA) (app. resp. at 1-2).  Dari asserts the contracting officer 
mistakenly treated the submission as a claim and issued a final decision (id. at 2).  
After the contracting officer denied Dari’s request to rescind the final decision, 
Dari filed a protective appeal with the Board (id. at 3).  Dari acknowledges that its 
October 2023 submission lacks a sum certain for each distinct claim (id. at 2). 
 
 Upon review of the submission (R4, tab 4), we agree that it fails to include a 
sum certain for each distinct claim seeking monetary relief under the Contract 
Disputes Act (CDA), as required.  See ECC Int’l Constructors, LLC v. Sec’y of Army, 
79 F.4th 1364, 1380 (Fed. Cir. 2023) (“[I]it is mandatory for . . . a claim under the 

2 
CDA seeking monetary relief to include a sum certain for . . . each distinct claim . . . .  
A claim that does not state a sum certain has not sufficiently pleaded the elements of a 
claim under the CDA and may be . . . dismissed on appeal to the boards or Court of 
Federal Claims for failure to state a claim.”).  Accordingly, we dismiss this appeal 
without prejudice.  Mindseeker, Inc., ASBCA No. 63197, 24-1 BCA ¶ 38,666 
at 187,961 (dismissal for failure to state a sum certain constitutes dismissal without 
prejudice, allowing the claimant to revise and refile the claim). 
 
Dated:  January 28, 2025 
 
 
 
 
 
 
 
 
 
 
ELIZABETH WITWER 
Administrative Judge 
Armed Services Board 
of Contract Appeals 
I concur 
 
 
 
OWEN C. WILSON 
Administrative Judge 
Acting Chairman 
Armed Services Board 
of Contract Appeals 
 I concur 
 
 
 
 J. REID PROUTY 
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. 63889,
 Appeal of Dari 
Concepts, LLC, rendered in conformance with the Board’s Charter. 
 
 Dated:  January 29, 2025 
 
 
 
 
 
 
 
 
PAULLA K. GATES-LEWIS 
Recorder, Armed Services 
Board of Contract Appeals