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