ARMED SERVICES BOARD OF CONTRACT APPEALS 
Appeal of --
WIT Associates, Inc. 
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ASBCA No. 6154 7 
Under Contract No. N68836-10-D-0002 
APPEARANCE FOR THE APPELLANT: 
APPEARANCES FOR THE GOVERNMENT: 
Mr. Steven P. O'Carroll 
CFO 
Ronald J. Borro, Esq. 
Navy Chief Trial Attorney 
Robert R. Kiepura, Esq. 
Trial Attorney 
OPINION BY ADMINISTRATIVE JUDGE MCILMAIL 
ON THE GOVERNMENT'S MOTION TO DISMISS 
The government moves to dismiss the appeal for lack of jurisdiction, arguing 
that the claim is not properly certified. 
ST A TEMENT OF FACTS (SOF) FOR PURPOSES OF THE MOTION 
In 2009, the government awarded a transportation services contract to WIT 
Associates, Inc. (R4, tab 1). In 2016, WIT's president, Eugenio Smoot, presented to 
the contracting officer a certified claim for $866,051.79 (R4, tab 2 at 306). The 
certification, which Mr. Smoot signed, reads: 
In accordance with [Federal Acquisition 
Regulation] 52.233-1, I certify that this 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 Guardian believes the Government is 
liable; and that I am authorized to certify the claim on 
behalf of Guardian. 
(R4, tab 2 at 314 (emphasis added)) WIT says that: 
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Guardian is the parent company of WIT. The ownership 
and management is one and the same. 
(App. resp. at 1) 
DECISION 
For claims of more than $100,000 made by a contractor, the contractor shall 
certify that (A) the claim is made in good faith; (8) 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. 41 U.S.C. § 7103(b)(l). Although that certification is a 
precondition to the Board's jurisdiction, a defective certification does not deprive the 
Board of jurisdiction, but must be corrected prior to a final judgment. Air Services, 
Inc., ASBCA No. 59843, 15-1BCA136,146 at 176,426 (citing 41 U.S.C. 
§ 7I03(b)(3)). Here the certification is defective but correctable: it fails to meet at 
least the third and fourth attestations of a proper certification (by attempting to certify 
the claim in the name of, and on behalf of, an entity (Guardian) other than WIT). but 
meets at least the first attestation because it certifies that the claim is made in good 
faith.* Cf id. at 176,424, 176,427 (defective certification meeting only two of the 
required attestations was correctable); Western Plains Disposal. ASBCA No. 56986. 
11-1 BCA 134,617 at 170,612-13 ( defective certification \Vas correctable where it 
certified that "cost or pricing data ... submitted .. .in support of [ REA J are accurate. 
complete, and current"); Northwest Marine, Inc .• ASBCA No. 41702, 91-2 BCA 
124,020 at 120,272-73 (claim certifier's position within contractor's parent company 
irrelevant to determination of adequacy of certification), recon. denied, 91-3 BCA 
124,079 at 120,527. Accordingly, the motion to dismiss is denied. and an order 
requiring correction of the certification will follow. 
* The government does not specifically address, and, for the moment, we do not 
consider, whether the challenged certification meets the second attestation. 
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CONCLUSION 
The motion to dismiss for lack of jurisdiction is denied. 
Dated: December 19, 2018 
I concur 
~EFORD 
Administrative Judge 
Acting Chairman 
Armed Services Board 
of Contract Appeals 
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T~CI 
Administrative Judge 
Armed Services Board 
of Contract Appeals 
I concur 
OWEN C. WILSON 
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. 61547, Appeal of WIT 
Associates, Inc., rendered in conformance with the Board's Charter. 
Dated: 
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JEFFREY D. GARDIN 
Recorder, Armed Services 
Board of Contract Appeals