### ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of

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### New Iraq Ahd Company ) ) 

### Under ContractNo. W91GFB-10-C-5005 ) APPEARANCE FORTHE APPELLANT:

APPEARANCES FORTHE GOVERNMENT: ASBCA No. 58800

Mr. Abbas Abed Mohsin

Owner Raymond M. Saunders, Esq.

Army ChiefTrial Attorney CPT Vera A. Strebel, JA

Trial Attorney OPINION BYADMINISTRATIVE JUDGE STEMPLER ON APPELLANT'S MOTION FORRECONSIDERATION New Iraq Ahd Company moves for reconsideration ofour decision in New Iraq Ahd Company, 

### ASBCANo. 58800, 14-1BCAii35,479. 1 

### We dismissed the appeal withoutprejudice for lack of jurisdiction for failure to certify in accordance with the Contract Disputes Act of 1978 (CDA), 41 U.S.C. §§ 7101-7109. The government opposes the motion. DECISION The Board routinely corresponds with party representatives located in Iraq and Afghanistan by email due to the difficulties ofcommunicating by mail in those countries. TajAlRajaa Company, 

### ASBCA No. 58801, slip op. at 1n.1 (26 March 2014). By administrative error, the Board's 18 December 2013 decision appellant seeks to have reconsidered was not sentto appellant. Upon receipt ofappellant's 4 February 2014 email requesting the status ofthe appeal, the Board became aware ofthis error and sent appellant a copy ofthe decision by email ofthe same date, explaining the mistake. Appellant emailed the Board on 7 February 2014, objecting to the decision and demanding reconsideration. The email did not contain any reasons appellant was alleging that should cause the Boardto reconsider its decision. Board Rule 29 states: A motion for reconsideration may be filed by either party. It 

### shall set forth specifically the grounds relied upon to

1

### Judge Grant who participated in the decision has since retired.sustain the motion. The motion shall be filed within 30 days from the date ofthe receipt ofa copy ofthe decision ofthe Boardby the party filing the motion. 48 C.F.R., Ch. 2, Appx. A, Pt. 2, Rule 29. Inresponse to appellant's 7 February 2014 email, the Board emailed a 10 February 2014 Orderto appellant, explainingto appellant that to file a motion for reconsideration, Rule 29 requires thatthe motion explain whatportions ofthe decision appellantbelieves to be incorrect and the reasons why. On 27 February 2014, appellant emailed the Board, asking whether it should send a certified claim to this Board orto the contracting officer (CO). This was followed on 3 March 2014 with appellant's email to the Board attaching its certified claim. By email dated 7 March 2014, the Board forwarded the claimto government counsel and advised appellant that claims mustbe submitted to the CO andthat CDA certifications must be signed. Appellant sent a claimto the CO by email dated 8 March 2014. The record indicates that by email dated 20 March 2014, the CO sent to appellant an 18 March 2014 decision on its 8 March 2014 claim. On 27 March 2014, appellant emailedthe Board statingthat it was in discussions with the CO andthat it would inform the Boardwhen a final decision was made. The Boardhas not received any Notice of Appeal to date from appellant respecting the 18 March 2014 CO's decision. BoardRule 29 requires that a proper motion for reconsideration must contain the grounds alleged for reconsideration. Appellant has not done this and its 30-dayperiod to file a propermotion has long expired. The motion for reconsideration is denied as untimely. 2 Dated: 29 April 2014

# ~~ MARKN. STEMPLER Administrative Judge Acting Chairman Armed Services Board ofContractAppeals (Signature continued)

2 In any event, it appears appellant is pursuing the claims process in accordance with our decision inasmuch as it has represented to the Boardthat it has filed a certified claim with the CO. It is up to appellant to determine whetherto appeal the CO's 18 March 2014 decision. 2

### I concur

# ~**ll-.~** ELiZABHA:TUNKS Administrative Judge Acting Vice Chairman Armed Services Board ofContract Appeals

I certify that the foregoing is a true copy ofthe Opinion and Decision ofthe Armed Services Board ofContract Appeals in ASBCA No. 58800, Appeal ofNew Iraq Ahd Company, rendered in conformance with the Board's Charter. Dated:

3 

### JEFFREYD. GARDIN Recorder, Armed Services Board ofContract Appeals