Government’s motion to dismiss contractor’s claims appeal is granted. The government argued that the claimant had submitted a fraudulent/forged claim and that without a valid claim, the board lacked jurisdiction over the appeal. In support of its motion, the agency submitted a declaration from the contracting officer who purportedly signed the claim. The contracting officer denied ever seeing or signing the claim. The claimant was unable to rebut the declaration and thus, the board found, had not met its burden to establish the board’s jurisdiction.
Kamran Zaland Supplies and Services had a contract with the Army in 2009 to supply beds and lockers to the Kandahar Regional Contracting Center in Afghanistan. Shortly after execution, however, the Army terminated the contract for cause. According to Kamran, it sent an invoice to the government for money still owing under the terminated contract. The invoice was not paid, and over the next several years, Kamran contacted several government officials trying to get its invoice paid.
In 2017, Kamran filed an appeal with ASBCA, claiming that it filed a claim with the government in 2009 for the unpaid invoice and that no decision had been made on its claim. As part of its appeal, Kamran submitted a document purporting to be a certified claim along with emails it allegedly sent to the contracting officer.
The Army moved to dismiss the appeal. In support of its motion, the Army submitted declarations from (1) Austin DeRose, the contracting officer for Kamran’s 2009 contract; and (2) Jerel Grimes, another contracting officer who was in Afghanistan in 2009 and, Kamran alleged, signed the certified claim. Both contracting officers claimed to have never seen Kamran’s claim and denied sending the emails Kamran had submitted with its appeal. Based on these declarations, the Army contended that Kamran’s claim was fraudulent. Moreover, the Army argued, due to absence of a valid claim, the board lacked jurisdiction to hear the appeal under the Contract Disputes Act.
The board discounted the declaration submitted by DeRose, finding that it contained conclusory statements and did not demonstrate that he had any knowledge as to whether Kamran filed a claim with Grimes.
The board, however, found the Grimes declaration, which was based on first-hand knowledge, more compelling. Grimes had presented sworn testimony that he never received the Kamran claim and that he never would have addressed such a claim because when he was a contracting officer, he dealt with construction contracts, not supply contracts like Kamran’s. Moreover, Grimes avowed that he had not sent emails that Kamran had attributed to him and the emails were not even written in his style.
The board reasoned that Kamran had the burden of establishing the board’s jurisdiction over the appeal. Kamran was unable to rebut the Grimes declaration. Consequently, the board found that Kamran had not met its burden. Dismissal of the appeal was appropriate.
Kamran is represented by Abdul Sattar its President. The government is represented by Raymond M. Saunders and Captain Jeremy D. Burkhart of the U.S. Army.
