I 
ARMED SERVICES BOARD OF CONTRACT APPEALS 
Appeal of -- ) 
) 
GSC Construction, Inc. ) 
) 
Under Contract No. W9126G-11-D-0061 ) 
APPEARANCES FOR THE APPELLANT: 
APPEARANCES FOR THE GOVERNMENT: 
ASBCA No. 59401 
Karl Dix, Jr., Esq. 
Douglas L. Tabeling, Esq. 
Smith Currie & Hancock LLP 
Atlanta, GA 
Thomas H. Gourlay, Jr., Esq. 
Engineer Chief Trial Attorney 
Keith J. Klein, Esq. 
District Counsel 
Stephanie R. Darr, Esq. 
Alexandria A. Polk, Esq. 
Engineer Trial Attorneys 
U.S. Army Engineer District, Tulsa 
OPINION BY ADMINISTRATIVE JUDGE MCILMAIL 
ON THE GOVERNMENT'S MOTION 
TO DISMISS FOR LACK OF JURISDICTION 
The government moves to dismiss this appeal for lack of jurisdiction because, the 
government contends, appellant did not certify the claim that it presented to the 
contracting officer for a final decision. 1 We grant the motion. 
On 3 July 2014, appellant, GSC Construction, Inc. (GSC), appealed from a 
28 April 2014 contracting officer's final decision denying a request for a 148-day time 
extension and $212,580 in costs 
that GSC contends are associated with warehouse 
building pads pursuant to a contract with the Department of the Army (R4, tab 1, tab 2 
at 1-3). GSC requested the contracting officer's final decision by letter dated 
18 February 2013, and clarified that request by letter dated 28 January 2014 (R4, tab 2 
at 1-3). Neither letter was accompanied by the certification required by the Contract 
Disputes Act, 41 U.S.C. § 7103(b)(l), for contractor claims of more than $100,000. 
Such certification is a prerequisite for Board jurisdiction. Newport News Shipbuilding 
& Dry Dock Co. v. Garrett, 6 F.3d 1547, 1552-53 (Fed. Cir. 1993); accord Truesdale 
Construction Co., ASBCA No. 33864, 88-1 BCA ii 20,222 at 102,416. Because GSC's 
claim is of more than $100,000, and is not certified, the Board does not possess 
jurisdiction to entertain this appeal. 
1 Although this appeal has been consolidated with ASBCA Nos. 59402 and 59601, the 
government's motion pertains only to this appeal, ASBCA No. 59401. 

GSC contends that it certified the claim on 26 June 2014 (in a certified claim that 
is the 
subject of ASBCA No. 59601, which GSC filed on 25 September 2014), and on 
14 August 2014, but those certifications post-date the 28 April 2014 contracting 
officer's final decision. Indeed, the 14 August 2014 certification also post-dates the 
3 July 2014 filing of the appeal. Consequently, neither certification can cure the 
Board's lack of jurisdiction to entertain the appeal from the contracting officer's final 
decision. See Romark Industries, Inc., ASBCA No. 25153, 83-2 BCA ~ 16, 788 at 
83,436; Truesdale Construction, 88-1BCA~20,222 at 102,416 (post-appeal 
certification). GSC cites no authority to the contrary. 
For these reasons, the motion to dismiss this appeal for lack of jurisdiction is 
granted, and the appeal is dismissed, 
without prejudice. 
Dated: 11 February 2015 
I concur 
~~ MARK N. STEMPLER 
Administrative Judge 
Acting Chairman 
Armed Services Board 
of Contract Appeals 
Administrative Judge 
Armed Services Board 
of Contract Appeals 
I concur 
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. 59401, Appeal of GSC 
Construction, Inc., rendered in conformance with the Board's Charter. 
Dated: 
2 
JEFFREY D. GARDIN 
Recorder, Armed Services 
Board of Contract Appeals