Fidelity & Deposit Co. v. United States

OPINION

GIBSON, Judge:

This is a suit arising under the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613 (Supp. V 1981) (CDA),1 which comes before the court on the defendant’s motion for summary judgment. Jurisdiction in this court is based on 41 U.S.C. § 609(a)(1) (Supp. V 1981), the “direct access”, provision of the CDA.2

For reasons appearing below, the court elects to treat defendant’s motion for summary judgment as a motion to dismiss. Because this court is without jurisdiction in this matter on account of plaintiff’s failure to certify its contract claim before the contracting officer,…