Scan-Tech Security, L.P. v. United States

OPINION

BUSH, Judge.

This matter is before the court on the defendant’s motion to dismiss plaintiffs contract-based counts for lack of subject matter jurisdiction and plaintiffs takings count for failure to state a claim upon which relief can be granted. The issues to be decided are (1) whether plaintiff properly submitted a claim to the contracting officer for final decision in compliance with the requirements of the Contract Disputes Act (CDA), 41 U.S.C. §§ 601-13 (1994) and (2) whether defendant has properly demonstrated that the parties’ contractual relationship precludes plaintiffs takings…