When dealing with a claim on a federal construction project, there are a couple of key background jurisdictional points. These points were briefly highlighted in the recent appeal, Mega Star Logistics Service Co. v. Department of State, CBCA 8232, 2026 WL 253738 (CBCA 2026). Here are the two points.
FIRST, when it comes to jurisdiction, for a board of contract appeals “to exercise jurisdiction over a claim, the CDA [Contract Disputes Act] requires the contractor to submit a written claim to the contracting officer for a COFD [contracting officer final decision], with a subsequent appeal of the COFD or deemed denial if the CO [contracting officer] does not issue a COFD.” Thus, you need to submit a formal claim under the Contract Disputes Act to the contracting officer to get a final decision from the contracting officer (or the contracting officer waiving the final decision by not timely furnishing one). Mega Star Logistics, supra.
SECOND, “[s]hould a contractor choose to appeal to the Board [of Contract Appeals], the CDA requires that the contractor file is appeal no more than ninety days following receipt of the COFD.” Megal Star Logistics, supra. Thus, once you get the final decision from the contracting officer, if you plan to appeal, you need to do so within 90 days.
Both these jurisdictional points are important.
Remember to (1) formally submit your claim under the Contract Disputes Act, and (2) file your appeal within 90 days from receipt of the contracting officer’s final decision. Even if you don’t get a final decision, treat the untimely response by the contracting officer as a “deemed denial” and timely file your appeal within the 90 days after the deemed denial (the time for the contracting officer to render a final decision has come and gone).
If you blow these points off, then you will face a motion to dismiss which will be granted because there won’t be jurisdiction to properly hear your appealed claim!
Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.