Kandahar Gravel Supplies and Logistics ( 2017 )

ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeal of-- )
)
Kandahar Gravel Supplies and Logistics ) ASBCA No. 60531)
Under Contract No. W91B4L-11-P-0133 )
APPEARANCE FOR THE APPELLANT: Mr. Asadullah Qureshi
President
APPEARANCES FOR THE GOVERNMENT: Raymond M. Saunders, Esq.
Army Chief Trial Attorney
CPT Sarah E. Park, JA
Trial Attorney
OPINION BY ADMINISTRATIVE JUDGE D' ALESSANDRIS
ON APPELLANT'S MOTION FOR RECONSIDERATION
Appellant has timely moved for reconsideration of our 6 March 2017 decision
in Kandahar Gravel Supplies and Logistics, ASBCA No. 60531, 17-1 BCA -,i 36,688.*
In that decision, we granted the government's motion to dismiss for lack of jurisdiction
based upon our finding that the record contained no evidence that appellant ever
submitted to the contracting officer the certification required by the Contract Disputes
Act (CDA), 41 U.S.C. § 7103(b), for claims exceeding $100,000. Familiarity with our
prior decision is presumed.
In deciding a motion for reconsideration, the Board examines whether the
motion is based upon newly discovered evidence, mistakes in our findings of fact, or
errors oflaw. JF. Taylor, Inc., ASBCA Nos. 56105, 56322, 12-2 BCA -,i 35,125
at 172,453. Reconsideration is not intended to afford a party an opportunity to reargue
positions previously presented and rejected by the Board. Precision Standard, Inc.,
ASBCA No. 58135, 16-1BCAif36,504 at 177,859. Absent a compelling reason to
modify our original decision, the Board will deny a motion for reconsideration. ADT
Construction Group, Inc. by Timothy S. Cory, Chapter 7 Trustee, ASBCA No. 55358,
14-1BCA-,i35,508 at 174,041.
Appellant's motion fails to demonstrate that the Board erred in finding that
appellant did not provide a CDA certification to the contracting officer. Moreover, the
* Judge Stempler who participated in the decision has since retired.
Board has previously considered and rejected the arguments presented in appellant's
motion. Accordingly, appellant has failed to show a compelling reason for us to
modify our original decision.
CONCLUSION
For the reasons stated above, appellant's motion for reconsideration is denied.
Dated: 6 June 2017
DAVID D' ALESSANDRIS
Administrative Judge
Armed Services Board
of Contract Appeals
I concur
RICHARD SHACKLEFORD
Administrative Judge Administrative Judge
Acting Chairman Acting Vice Chairman
Armed Services Board Armed Services Board
of Contract Appeals 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. 60531, Appeal of
Kandahar Gravel Supplies and Logistics, rendered in conformance with the Board's
Charter.
Dated:
JEFFREY D. GARDIN
Recorder, Armed Services
Board of Contract Appeals
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