DISMISSED IN PART FOR LACK OF JURISDICTION:  February 14, 2008 
CBCA 807 
KENAN CONSTRUCTION CO., 
Appellant, 
v. 
DEPARTMENT OF STATE, 
Respondent. 
Mustafa Senol Kirci, Project Manager of Kenan Construction Co., Samanpazari ­
Ankara, Turkey, appearing for Appellant. 
Thomas D. Dinackus, Buildings and Acquisitions, Department of State, Rosslyn, VA, 
counsel for Respondent. 
Before Board Judges GILMORE , GOODMAN , and KULLBERG. 
GOODMAN , Board Judge. 
Appellant, Kenan Construction Company, entered into a contract with respondent, 
Department of State, to make certain improvements in the perimeter security of the United 
States Embassy in Geneva, Switzerland.  This appeal was filed on July 7, 2007, by appellant, 
from a decision dated May 11, 2007 of respondent’s contracting officer. Pursuant to CBCA 
Rule 8(c)(1), respondent has filed a motion to dismiss the appeal, in part, for lack of 
jurisdiction, alleging that appellant has failed to satisfy the jurisdictional prerequisites of the 
Contract Disputes Act, 41 U.S.C.A. §§ 601-613 (West Supp. 2007) (CDA), with regard to 
several aspects of its appeal. 

  
 
  
   
    
   
     
      
     
2 CBCA 807 
Factual Background
 
Appellant’s notice of appeal, subsequently designated by appellant as its complaint,
 
contained the following itemization: 
Request for Equitable Adjustment (REA) 002 1,493,009 CHF [1] 
RFP 060 REV 001 SE Entry Extra Works      18,350 CHF 
REA 004 for Extended Overhead      52,500  CHF 
November 15, 2006-December 15, 2006 
Unpaid Portion of Contract since August 2006      340,080 CHF 
Cost of Project Bonds since December 15, 2006       62,930 CHF 
Total     1,966,869 CHF 
Notice of Appeal and Complaint at 2. 
Appellant submitted a certified claim for REA 002 (Appellant’s Appendix 6 to Notice 
of Appeal) and a claim for REA 004 (Appellant’s Appendix 10 to Notice of Appeal). 
Respondent acknowledges that the contracting officer issued an appealable final decision 
with regard to these two claims. Appeal File, Exhibits 40 and 61; Respondent’s Motion to 
Dismiss at 12, n.7.  However, with regard to the remaining issues in the notice of appeal, 
respondent asserts: 
In this appeal, Kenan seeks to recover for numerous issues, and has organized 
its requests for relief into five categories. Kenan has failed to satisfy the CDA's 
jurisdictional prerequisites with regard to three of these requests for relief. 
With regard to these three requests, Kenan has never submitted a claim, and 
has never requested a final decision from the contracting officer (CO).  Finally, 
Kenan has failed to certify one of these requests, which seeks more than 
$100,000.  As a result, the Board lacks jurisdiction to entertain the appeal with 
regard to these three requests, and they should be dismissed. 
1
 The claim is submitted in Swiss Francs (CHF).  As of the date of this opinion the 
exchange rate is 1CHF = .91USD. 

  
 
 
   
 
  
  
 
  
 
    
  
   
  
  
 
3 CBCA 807 
Respondent’s Motion to Dismiss at 6-7. 
Respondent identifies the three requests for compensation for which it alleges that 
Kenan has not complied with the jurisdictional prerequisites of the CDA: 1) RFP 060 REV 
001 SE Entry Extra Works; 2) unpaid portion of the contract since August 2006; and 3) cost 
of project bonds since December 15, 2006. 
After receiving respondent’s motion to dismiss, appellant sent to the contracting 
officer a written request for a contracting officer’s final decision on the three claims for 
which respondent alleged appellant had not requested a final decision and included a CDA 
certification for the aggregate amount of these claims.  Attachment 1 to Appellant’s 
Response Regarding Respondent’s Motion to Dismiss. 
Discussion 
In this appeal, appellant included in its notice of appeal and complaint three disputed 
issues that had not previously been submitted to the contracting officer with a request for a 
decision, one of which exceeded $100,000 in value.  When respondent moved to dismiss 
these portions of the appeal, appellant submitted these issues to the contracting officer as a 
claim which exceeded $100,000 in value, requested a final decision, and provided the 
necessary certification. 
The CDA requires that “[a]ll claims by a contractor against the government relating 
to a contract shall be in writing and shall be submitted to the contracting officer for a 
decision.”  41 U.S.C. § 605(a) (2000).  The CDA also requires in relevant part that: 
For claims of more than $100,000, the contractor shall certify that the claim is 
made in good faith, that the supporting data are accurate and complete to the 
best of his knowledge and belief, that the amount requested accurately reflects 
the contract adjustment for which the contractor believes the government is 
liable, and that the certifier is duly authorized to certify the claim on behalf of 
the contractor. 
Id. § 605(c)(1).  Within sixty days of receipt of a submitted certified claim over $100,000, 
a contracting officer must issue a decision, or notify the contractor of the time within which 
a decision will be issued.  Id . § 605(c)(2). 
Certification of a claim of more than $100,000 is not only a statutory requirement, but 
also a jurisdictional prerequisite for review of a contracting officer’s decision before this 
Board.  Fidelity Construction Co. v. United States , 700 F.2d 1379, 1384 (Fed. Cir. 1983) 

   
  
 
 
  
   
      
 
   
 
 
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4 CBCA 807 
(citations omitted); see also W. M. Schlosser Co. v. United States , 705 F.2d 1336 (Fed. Cir. 
1983); Essex Electro Engineers, Inc. v. United States , 702 F.2d 998 (Fed. Cir. 1983).  As this 
Board recently stated in K Satellite v. Department of Agriculture , CBCA 14, 07-1 BCA 
¶ 33,547: 
Although a defective certification may be corrected, a failure to certify may 
not.  There is no dispute that the contractor failed to certify its claim. 
Certification requirements concern the Board's subject matter jurisdiction and 
as such cannot be waived.  That proposition is well settled. 
07-1 BCA at 166,154. 
As appellant included in its notice of appeal issues that had not as yet been submitted 
to the contracting officer as a claim with proper certification, its subsequent filing of a claim 
and certification cannot serve to cure our lack of jurisdiction over these issues.  B&M 
Cillessen Construction Co., Inc. v. Department of Health and Human Services , CBCA 931 
(Dec. 7, 2007); K Satellite v. Department of Agriculture.   We, therefore, dismiss the appeal, 
in part, as to the three issues that are the subject of the recently submitted certified claim. 
Once the contracting officer issues a decision as to this claim, appellant may pursue its 
appeal rights at that time. 
Decision 
Respondent’s motion to dismiss the appeal in part for lack of jurisdiction is hereby 
GRANTED. 
ALLAN H. GOODMAN 
Board Judge 
We concur: 
BERYL S. GILMORE H. CHUCK KULLBERG 
Board Judge Board Judge