Bagram Eagle Construction and Logistic Company

ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeal of - )
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Bagram Eagle Construction and Logistic ) ASBCA No. 62997Company )
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Under Contract No. 000000-00-0-0000 )
APPEARANCE FOR THE APPELLANT: Mr. Mohammad Agul
CEO
APPEARANCES FOR THE GOVERNMENT: Scott N. Flesch, Esq.
Army Chief Trial Attorney
MAJ Michael R. Tregle, Jr., JA
Trial Attorney
OPINION BY ADMINISTRATIVE JUDGE MCILMAIL ON GOVERNMENT’S
MOTION TO DISMISS FOR LACK OF JURISDICTION
The government moves to dismiss the appeal for lack of jurisdiction, saying
that appellant is not a contractor within the meaning of the Contract Disputes Act
(CDA), 41 U.S.C. §§ 7101-7109 (gov’t mot. at 3). It is the responsibility of appellant
to establish the Board’s jurisdiction. Hellenic Air Force, ASBCA No. 60802,
17-1 BCA ¶ 36,821 at 179,457. Pursuant to the CDA, 41 U.S.C. § 7105(e)(1)(A), the
Board “has jurisdiction to decide any appeal from a decision of a contracting officer of
the Department of Defense, the Department of the Army, the Department of the Navy,
the Department of the Air Force, or the National Aeronautics and Space Administration
relative to a contract made by that department or agency.” Although to establish Board
jurisdiction under this provision an appellant need only make a non-frivolous allegation
of the existence of a contract with the government, Siemens Gov’t Techs., Inc., ASBCA
No. 62806, 21-1 BCA ¶ 37,924 at 184,185, appellant says in its notice of appeal only
that it had a contract with a company based in the United States by the name of General
Atomics Aeronautical Systems, Inc.
Because appellant does not even allege that it had a contract with the
government, appellant fails to establish the Board’s jurisdiction to entertain the appeal,
and the appeal is dismissed for lack of jurisdiction.
Dated: May 13, 2022
TIMOTHY P. MCILMAIL
Administrative Judge
Armed Services Board
of Contract Appeals
I concur I concur
RICHARD SHACKLEFORD OWEN C. WILSON
Administrative Judge Administrative Judge
Acting Chairman 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. 62997, Appeal of Bagram
Eagle Construction and Logistic Company, rendered in conformance with the Board’s
Charter.
Dated: May 13, 2022
PAULLA K. GATES-LEWIS
Recorder, Armed Services
Board of Contract Appeals
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