Gordon R. England, Sec'y of the Navy v. The Swanson Grp., Inc., 353 F.3d 1375 (Fed. Cir. 2004). · Go Syfert
Gordon R. England, Sec'y of the Navy v. The Swanson Grp., Inc., 353 F.3d 1375 (Fed. Cir. 2004). Cases Citing This Book View Copy Cite
158 citation events (158 in the last 25 years) across 4 distinct courts.
Strongest positive: Jones v. United States (uscfc, 2025-05-15)
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discussed Cited as authority (verbatim quote) Jones v. United States (2×) also: Cited as authority (rule)
Fed. Cl. · 2025 · quote attribution · 1 verbatim quote · confidence high
the contractor's claim first presented to the contracting officer and that officer render a final decision on the claim.
examined Cited as authority (verbatim quote) Groundbreaker Development Corporation v. United States
Fed. Cl. · 2023 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
urisdiction over an appeal of a contracting officer's decision is lacking unless the contractor's claim is first presented to the contracting officer and that officer renders a final decision on the claim.
examined Cited as authority (verbatim quote) Lw Construction of Charleston, LLC v. United States
Fed. Cl. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence high
urisdiction over an appeal of a contracting officer's decision is lacking unless the contractor's claim is first presented to the contracting officer and that officer renders a final decision on the claim.
examined Cited as authority (verbatim quote) Lw Construction of Charleston, LLC v. United States
Fed. Cl. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence high
urisdiction over an appeal of a contracting officer's decision is lacking unless the contractor's claim is first presented to the contracting officer and that officer renders a final decision on the claim.
examined Cited as authority (verbatim quote) Mw Builders, Inc. v. United States
Fed. Cl. · 2017 · quote attribution · 1 verbatim quote · confidence high
.jjurisdiction over an appeal of a contracting officer's decision is lacking unless the contractor's claim is first presented to the contracting officer and that officer renders a final decision on the claim.
examined Cited as authority (verbatim quote) Information International Associates, Inc. v. United States (3×) also: Cited as authority (rule), Cited "see"
Fed. Cl. · 2006 · signal: see · quote attribution · 1 verbatim quote · confidence high
jjurisdiction over an appeal of a contracting officer's decision is lacking unless the contractor's claim is first presented to the contracting officer and that officer renders a final decision on the claim.
cited Cited as authority (rule) Wolf Creek Railroad LLC v. United States
Fed. Cir. · 2025 · confidence medium
Cir. 2009); Eng- land v. The Swanson Group, Inc., 353 F.3d 1375, 1378 (Fed.
cited Cited as authority (rule) Textron Aviation Defense LLC v. United States
Fed. Cl. · 2022 · confidence medium
Cir. 2010) (“[J]urisdiction thus requires both a valid claim and a contracting officer’s final decision on that claim.”); England v. Swanson Grp., Inc., 353 F.3d 1375, 1379 (Fed.
discussed Cited as authority (rule) Kiewit Infrastructure West Co. v. United States
Fed. Cir. · 2020 · confidence medium
Jurisdiction over Differing Claims The Contract Disputes Act (“CDA”), 41 U.S.C. §§ 7101– 09, “provides for the resolution of contract disputes arising between the government and contractors.” England v. The Swanson Grp., Inc., 353 F.3d 1375, 1379 (Fed.
cited Cited as authority (rule) Guarantee Company of North v. Ikhana, LLC
Fed. Cir. · 2019 · confidence medium
England v. Swanson Grp., Inc., 353 F.3d 1375, 1378 (Fed.
discussed Cited as authority (rule) Nussbaum v. United States
Fed. Cl. · 2019 · confidence medium
The Swanson Group, Inc., 353 F.3d 1375, 1379 (Fed.
cited Cited as authority (rule) L-3 Communications Integrated Systems, L.P.
A.S.B.C.A. · 2017 · confidence medium
Cir. 1995) (en bane); Ellett Constr., 93 F .3d at 1542; England v. The Swanson Group, Inc., 353 F.3d 1375, 1379 (Fed.
discussed Cited as authority (rule) Magnus Pacific Corporation v. United States
Fed. Cl. · 2017 · confidence medium
E.g., England v. Swanson Group, Inc., 353 F.3d 1375, 1379 (Fed.
discussed Cited as authority (rule) Michael Roth & Associates v. United States (2×) also: Cited "see"
Fed. Cl. · 2017 · confidence medium
Under the CDA, a “claim” is a “written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain.” See England v. The Swanson Grp., Inc., 353 F.3d 1375, 1379 (Fed.
discussed Cited as authority (rule) Claude Mayo Construction Company, Inc. v. United States
Fed. Cl. · 2016 · confidence medium
Compliance with the dispute resolution procedures set forth in the CDA is a prerequisite to the Court’s exercise of jurisdiction over claims covered by that act, See England v. The Swanson Grp., Inc., 353 F.3d 1375, 1379 (Fed.Cir.2004) (observing that “jurisdiction over an appeal of a [CO’s] decision is lacking” unless the claim is first presented to the CO for decision).
discussed Cited as authority (rule) Meridian Engineering Company v. United States
Fed. Cl. · 2015 · confidence medium
Although the CDA does not define the term “claim,” the United States Court of Appeals for the Federal Circuit has defined a “claim” as a “written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain[.]” England v. Swanson Grp., Inc., 353 F.3d 1375, 1379 (Fed.Cir.2004).
discussed Cited as authority (rule) Canpro Investments, Ltd v. United States
Fed. Cl. · 2015 · confidence medium
See 28 U.S.C. § 1491 (a)(2) (providing for jurisdiction after “a decision of the contracting officer has been issued under section 6 of [the CDA]”); 41 U.S.C. §§ 7103 (a), (d), (g), 7104(b)(1) (requiring a claim and a decision before bringing suit in this court); Raytheon Co. v. United States, 747 F.3d 1341, 1354 (Fed.Cir.2014) (“It is a bedrock principle of government contract law that contract claims, whether asserted by the contractor or the Government, must be the subject of a contracting officer’s final decision.”); Alliant Techsys., 178 F.3d at 1264 (explaining jurisdictiona…
discussed Cited as authority (rule) Sikorsky Aircraft Corporation v. United States
Fed. Cir. · 2014 · confidence medium
Earlier cases such as Arctic Slope Native Assoc., Ltd. v. Sebelius, 583 F.3d 785, 793, 800 (Fed.Cir.2009), and England v. Swanson Grp., Inc., 353 F.3d 1375, 1379 (Fed.Cir. 2004), also included language suggesting that the statute of limitations in the CDA is jurisdictional. 7 .
cited Cited as authority (rule) Williams v. United States
Fed. Cl. · 2014 · confidence medium
“The [Contract Disputes Act] provides for the resolution of contract disputes arising between the government and contractors.” England v. Swanson Grp., Inc., 353 F.3d 1375, 1379 (Fed.Cir.2004). 2 .
discussed Cited as authority (rule) Tpl, Incorporated v. United States
Fed. Cl. · 2014 · confidence medium
Maropakis Carpentry, Inc. v. United States, 609 F.3d 1323, 1329 (Fed.Cir.2010); England v. Swanson Grp., Inc., 353 F.3d 1375, 1379 (Fed.Cir.2004); Scott Timber Co. v. United States, 333 F.3d 1358, 1365 (Fed.Cir.2003).
cited Cited as authority (rule) Affiliated Construction Group, Inc. v. United States
Fed. Cl. · 2014 · confidence medium
England v. Swanson Grp., Inc., v. United States, 353 F.3d 1375, 1379 (Fed.Cir.2004).
discussed Cited as authority (rule) K-Con Building Systems, Inc. v. United States
Fed. Cl. · 2014 · confidence medium
England v. Swanson Grp., Inc., 353 F.3d 1375, 1379 (Fed.Cir.2004). 36 .For example, while plaintiff’s September 22, 2004 request for a $3,800 price increase related to its installation of the trench drain sump appears to qualify as a CDA claim, see 41 U.S.C. § 605 (a); Reflectone, Inc., 60 F.3d at 1576 , and Ms. Broussard's rejection of that request appears to qualify as a contracting officer’s decision, see 41 U.S.C. § 605 (a), (c); Alliant Techsys., Inc. v. United States, 178 F.3d 1260, 1268 (Fed.Cir.1999) ("A letter can be a final decision under the *573 CDA even if it lacks the stand…
discussed Cited as authority (rule) Sperient Corp. v. United States
Fed. Cl. · 2013 · confidence medium
Although the CDA does not define the term “claim,” the United States Court of Appeals for the Federal Circuit has stated that a “claim” is a “written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain.” England v. The Swanson Grp., Inc., 353 F.3d 1375, 1379 (Fed.Cir.2004) (quoting FAR 2.201).
discussed Cited as authority (rule) Crewzers Fire Crew Transport, Inc. v. United States
Fed. Cl. · 2013 · confidence medium
Although the CDA does not define the term “claim,” the United States Court of Appeals for the Federal Circuit has stated that a “claim” is a “written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain[.J” England v. The Swanson Grp., Inc., 353 F.3d 1375, 1379 (Fed.Cir.2004) (quoting FAR § 2.201).
discussed Cited as authority (rule) Crewzers Fire Crew Transport, Inc. v. United States
Fed. Cl. · 2013 · confidence medium
Although the CDA does not define the term “claim,” the United States Court of Appeals for the Federal Circuit has stated that a “claim” is a “written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certainf.]” England v. The Swanson Grp., Inc., 353 F.3d 1375, 1379 (Fed.Cir.2004) (quoting FAR § 2.201).
discussed Cited as authority (rule) Diversified Maintenance Systems, Inc. v. United States (2×) also: Cited "see"
Fed. Cl. · 2013 · confidence medium
Maropakis Carpentry, Inc. v. United States, 609 F.3d 1323, 1329 (Fed.Cir.2010) (quoting England v. Swanson Grp., Inc., 353 F.3d 1375, 1379 (Fed.Cir.2004)). 2 If subject-matter jurisdiction is lacking, dismissal is required.
discussed Cited as authority (rule) Uniglobe General Trading & Contracting Co. v. United States
Fed. Cl. · 2012 · confidence medium
Maropakis Carpentry, Inc. v. United States, 609 F.3d 1323, 1327 (Fed.Cir.2010) (“This Court has found that jurisdiction thus requires both a valid claim and a contracting officer’s final decision on that claim.”) (citation omitted); England v. Swanson Group, Inc., 353 F.3d 1375, 1379 (Fed.Cir.2004) (“We have held, based on the statutory provisions [of the CDA], that the jurisdiction over an appeal of a contracting officer’s decision is lacking unless the contractor’s claim is first presented to the contracting officer and that officer renders a final decision on the claim.”) (cit…
discussed Cited as authority (rule) M.E.S., Inc. v. United States
Fed. Cl. · 2012 · confidence medium
Although the CDA does not define the term “claim,” the United States Court of Appeals for the Federal Circuit has defined it in other contexts as a “ ‘written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain[.]’” England v. Swanson Grp., Inc., 353 F.3d 1375, 1380 (Fed.Cir.2004) (quoting 48 C.F.R. § 2.201 ).
examined Cited as authority (rule) PARSONS GLOBAL EX REL. ODELL INTERN. v. McHugh (4×)
Fed. Cir. · 2012 · confidence medium
As a prerequisite for the Board's jurisdiction, the CDA requires a contractor to present a valid claim over which the contracting officer has rendered a final decision. 41 U.S.C. § 7103 ; England v. Swanson Grp., Inc., 353 F.3d 1375, 1379 (Fed.Cir.2004).
discussed Cited as authority (rule) Demodulation, Inc. v. United States
Fed. Cl. · 2012 · confidence medium
Although the CDA does not define the term “claim,” the United States Court of Appeals for the Federal Circuit has stated that a “claim” is a “ ‘written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain[.]’” England v. Swanson Grp., Inc., 353 F.3d 1375, 1380 (Fed.Cir.2004) (quoting 48 C.F.R. § 2.201 ).
discussed Cited as authority (rule) Diversified Maintenance Systems, Inc. v. United States
Fed. Cl. · 2012 · confidence medium
See Maropakis, 609 F.3d at 1327 (“This Court has found that jurisdiction thus requires both a valid claim and a contracting officer’s final decision on that claim.”) (citation omitted); England v. Swanson Grp., Inc., 353 F.3d 1375, 1379 (Fed.Cir.2004) (“We have held, based on the statutory provisions [of the CDA], that the jurisdiction over an appeal of a contracting officer’s decision is lacking unless the contractor's claim is first presented to the contracting officer and that officer renders a final decision on the claim.” (citing James M.
discussed Cited as authority (rule) Nascent Group, J.V. v. United States
Fed. Cl. · 2012 · confidence medium
Although the CDA does not define the term “claim,” the United States Court of Appeals for the Federal Circuit has stated that a “claim” is a “ ‘written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain.’ ” England v. Swanson Grp., Inc., 353 F.3d 1375, 1380 (Fed.Cir.2004) (quoting 48 C.F.R. § 2.201 ).
discussed Cited as authority (rule) Metcalf Construction Co. v. United States
Fed. Cl. · 2011 · confidence medium
Although the CDA does not define the term “claim,” the United States Court of Appeals for the Federal Circuit has stated that a “claim” is a “written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain----” England v. The Swanson Grp., Inc., 353 F.3d 1375, 1379 (Fed.Cir.2004) (quoting FAR § 2.201).
discussed Cited as authority (rule) Northrop Grumman Computing Systems, Inc. v. United States
Fed. Cl. · 2011 · confidence medium
In this framework, the “strict limits” of the CDA constitute “jurisdictional prerequisites to any appeal.” England v. The Swanson Group, Inc., 353 F.3d 1375, 1379 (Fed.Cir.2004) (citing Sharman Co., 2 F.3d at 1569 n. 6).
discussed Cited as authority (rule) Lumbermens Mutual Casualty Co. v. United States
Fed. Cir. · 2011 · confidence medium
“The determination of jurisdiction under the CDA is a question of law” and “is therefore subject to de novo review.” Winter v. FloorPro, Inc., 570 F.3d 1367, 1369 (Fed.Cir.2009) (quoting England v. Swanson Grp., Inc., 353 F.3d 1375, 1379 (Fed.Cir.2004)).
discussed Cited as authority (rule) NCLN20, Inc. v. United States
Fed. Cl. · 2011 · confidence medium
Although the CDA does not define the term “claim,” the United States Court of Appeals for the Federal Circuit has stated that a “claim” is a “written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain.” England v. The Swanson Grp., Inc., 353 F.3d 1375, 1380 (Fed.Cir.2004).
discussed Cited as authority (rule) Bowers Investment Co. v. United States
Fed. Cl. · 2011 · confidence medium
Although the CDA does not define “claim,” Federal Acquisition Regulation (FAR) section 52.233-1 defines the term as “[1] a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain....” 48 C.F.R. § 52.233-1 (c). 6 The contracting officer must issue a final decision on the claim, a requirement the United States Court of Appeals for the Federal Circuit (Federal Circuit) has enforced as a “jurisdictional prerequisite.” See England v. Swanson Grp., Inc., 353 F.3d 1375, 1379 (Fed.Cir.2004).
cited Cited as authority (rule) M. Maropakis Carpentry, Inc. v. United States
Fed. Cir. · 2010 · confidence medium
England v. Swanson, 353 F.3d 1375, 1379 (Fed.Cir. 2004).
examined Cited as authority (rule) Paradigm Learning, Inc. v. United States (3×) also: Cited "see"
Fed. Cl. · 2010 · confidence medium
England v. Swanson Group, Inc., 353 F.3d 1375, 1379 (Fed.Cir.2004) (quoting Sharman Co. v. United States, 2 F.3d 1564 , 1569 n. 6 (Fed.Cir.1993), overruled on other grounds by Reflectone, Inc. v. Dalton, 60 F.3d 1572 (Fed.Cir.1995) (en banc)).
discussed Cited as authority (rule) Government Technical Services LLC. v. United States (2×) also: Cited "see, e.g."
Fed. Cl. · 2009 · confidence medium
Def.'s Mot. 16 (citing England v. Swanson Group, Inc., 353 F.3d 1375, 1379 (Fed.Cir.2004)).
discussed Cited as authority (rule) Taylor Consultants, Inc. v. United States
Fed. Cl. · 2009 · confidence medium
England v. The Swanson Group, 353 F.3d 1375, 1379 (Fed.Cir.2004) (holding that “jurisdiction over an appeal of a contracting officer’s decision is lacking unless the contractor’s claim is first presented to the contracting officer and that officer renders a final decision on the claim[ ]”).
cited Cited as authority (rule) Arctic Slope Native Association, Ltd. v. Sebelius
Fed. Cir. · 2009 · confidence medium
England v. Swanson Group, 353 F.3d 1375, 1379 (Fed.Cir.2004); Sharman Co. v. United States, 2 F.3d 1564, 1568 (Fed.Cir.1993).
discussed Cited as authority (rule) Public Service Co. v. United States
Fed. Cl. · 2009 · confidence medium
See 41 U.S.C. § 605 (a) (“All claims by a contractor against the government relating to a contract shall be in writing and shall be submitted to the contracting officer for a decision.”); England v. Swanson Group, Inc., 353 F.3d 1375, 1379 (Fed.Cir.2004) (“We have held, based on the statutory provisions [of the CDA], that the jurisdiction over an appeal of a contracting officer’s decision is lacking unless the contractor’s claim is first presented to the contracting officer and that officer renders a final decision on the claim.” (citing James M.
cited Cited as authority (rule) Winter v. FloorPro, Inc.
Fed. Cir. · 2009 · confidence medium
It is therefore subject to de novo review.” England v. Swanson Group, Inc., 353 F.3d 1375, 1378 (Fed.Cir.2004).
cited Cited as authority (rule) Sitco General Trading & Contracting Co. v. United States
Fed. Cl. · 2009 · confidence medium
The Federal Circuit has “enforced the strict limits of the CDA as jurisdictional prerequisites.” England v. The Swanson Group, Inc., 353 F.3d 1375, 1379 (Fed.Cir.2004).
cited Cited as authority (rule) Todd Construction, L.P. v. United States
Fed. Cl. · 2008 · confidence medium
England v. The Swanson Group, Inc., 353 F.3d 1375, 1379 (Fed.Cir.2004); see also BLR Group of Am. v. United States, 84 Fed.Cl. at 647-48 (Fed.Cl.2008).
discussed Cited as authority (rule) Lublin Corp. v. United States
Fed. Cl. · 2008 · confidence medium
Unlike the Tucker Act, under the CDA, jurisdiction is lacking “unless the contractor’s claim is first presented to the contracting officer and that officer renders [or is deemed to render] a final decision on the claim.” England v. The Swanson Group, Inc., 353 F.3d 1375, 1379 (Fed.Cir.2004) (citing 41 U.S.C. § 605 (a)); see also D.L.
discussed Cited as authority (rule) M. Maropakis Carpentry, Inc. v. United States
Fed. Cl. · 2008 · confidence medium
England v. The Swanson Group, Inc., 353 F.3d 1375, 1379 (2004) (holding the statutory provisions of CDA require that contractor’s claim was presented to the contracting officer and that contracting officer rendered a final decision on the claim) (citations omitted).
discussed Cited as authority (rule) Ramah Navajo School Board, Inc. v. United States (2×) also: Cited "see"
Fed. Cl. · 2008 · confidence medium
See 41 U.S.C. § 605 (a) (“All claims by a contractor against the government relating to a contract shall be in writing and shall be submitted to the contracting officer for a decision.”); England v. Swanson Group, Inc., 353 F.3d 1375, 1379 (Fed.Cir.2004) (“We have held, based on the statutory provisions [of the CDA], that the jurisdiction over an appeal of a contracting officer’s decision is lacking unless the contractor’s claim is first presented to the contracting officer and that officer renders a final decision on the claim.”) (citing James M.
discussed Cited as authority (rule) Omega World Travel, Inc. v. United States
Fed. Cl. · 2008 · confidence medium
The Federal Circuit has accepted the definition of the term “claim” set forth by the Federal Acquisition Regulations (“FAR”) 33.201, 48 C.F.R. § 33.201 , as “a written demand or written assertion by one of the contracting parties seeking as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising or relating to the contract.” See, e.g., England v. The Swanson Group, Inc., 353 F.3d 1375, 1379 (Fed.Cir.2004); James M.
Gordon R. ENGLAND, Secretary of the Navy, Appellant,
v.
THE SWANSON GROUP, INC., Appellee
03-1051.
Court of Appeals for the Federal Circuit.
Jan 9, 2004.
353 F.3d 1375
Andrew P. Averbach, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellant. On the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; Mark A. Melnick, Assistant Director; Christian J. Moran and Kathleen A. Kohl, Attorneys., Arlene M. Richardson, Richardson & French, L.L.C., of Hayneville, AL, for ap-pellee.
Schall, Gajarsa, Prost.
Cited by 101 opinions  |  Published
7 passages pin-cited by 7 cases
Pinpoint authority: #5,704 of 633,719
Citer courts: Federal Circuit (6) · Veterans Claims (2)
SCHALL, Circuit Judge.

Gordon R. England, Secretary of the Navy (“Navy” or “government”), appeals the decision of the Armed Services Board of Contract Appeals (“Board”) that awarded $278,076.25 in termination settlement costs to The Swanson Group, Inc. (“Swanson”). Swanson Group, Inc., 02-2 B.C.A. (CCH) ¶ 31,906 (A.S.B.C.A. July 1, 2002). The government asserts that the Board lacked jurisdiction over Swanson’s appeal because Swanson failed to present to the contracting officer a “claim” within the meaning of the Contract Disputes Act (“CDA”), 41 U.S.C. §§ 601-613 (2000). We agree. We therefore vacate the Board’s decision and remand the case to the Board with the instruction that it dismiss Swanson’s appeal for lack of jurisdiction.

BACKGROUND

I.

On December 20, 1991, Swanson was awarded a contract by the Western Division of the Naval Facilities Engineering Command. Under the contract, Swanson was required to provide guard services at the Long Beach Naval Shipyard in California. Swanson Group, Inc., 98-2 B.C.A. (CCH) ¶ 29,896, at 147,988 (A.S.B.C.A. Nov.7, 1997). • The contract had a monthly price of $203,457.73 (prorated from a yearly price of $2,441,492.70) and was scheduled to end on September 30, 1992. Swanson Group, Inc., 02-1 B.C.A. (CCH) ¶ 31,836, at 157,288 (A.S.B.C.A. Mar.28, 2002).

[*1377] On April 24, 1992, the contracting officer directed Swanson to cure what the Navy perceived to be Swanson’s failure to comply with the terms of the contract. Swanson Group, 98-2 B.C.A. (CCH) ¶ 29,896, at 147,992-93. In his cure notice, the contracting officer stated that Swanson had failed to properly guard certain posts and had failed to provide a sufficient number of qualified guards at the facility. Id. at 147,991-92. On April 27, 1992, the contracting officer issued a final decision'terminating the contract for default, stating that Swanson had “failed to comply with the terms of the contract and [had] failed to meet the conditions identified in the [cure notice] letter.” Id. at 147,993. Swanson timely appealed the default termination to the Board. Id. On November 7, 1997, the Board issued a decision converting the termination for default to a termination for convenience. Id. at 147,-988-95. Swanson received the Board’s decision on November 17,1997.

II.

Swanson’s contract with the Navy incorporated various standard provisions of the Federal Acquisition Regulations (“FAR”), codified at 48 C.F.R. chs. 1-99. [1] When a contract is terminated for the convenience of the government, the contractor may submit a termination settlement proposal. FAR § 52.249-2(e), 48 C.F.R. § 52.249-2(e). The contractor has one year to submit its proposal. Id. If the contractor fails to submit a proposal within that period, the contracting officer “may determine, on the basis of information available, the amount, if any, due the Contractor because of the termination and shall pay the amount determined.” Id. Apart from the requirements of the CDA, the contractor may appeal from any termination settlement determination by the contracting officer provided it (1) submits a termination settlement proposal within one year from the “effective date of termination” or (2) requests an extension of time for doing so. FAR § 52.249-2(e), (j), 48 C.F.R. § 52.249-2(e), ©. FAR § 2.101 defines the “[effective date of termination” as “the date the contractor receives the notice [of termination]” if the notice is received after the date fixed for termination. 48 C.F.R. § 2.101. Swanson received the Board’s decision converting the termination for default to a termination for convenience on November 17, 1997. Any termination settlement proposal it wished to submit was therefore due to the contracting officer by November 16,1998. [2]

Swanson did not submit a termination settlement proposal within the required one-year period. Instead, on November 10, 1998, prior to the expiration of the period, counsel for Swanson sent a letter to the Navy requesting a one-year extension of time to “initiate the claim.” [3] Counsel for the Navy responded on November 23,1998, stating that “the one year period in which [a termination settlement proposal] could have been filed has expired,” but adding that he would consult with the contracting officer regarding[*1378] Swanson’s request. Counsel for the Navy informed Swanson on December 9, 1998 that the contracting officer had denied its request for an extension of time. Counsel explained that while the contracting officer planned to move forward and issue a settlement determination on the contract, “[a]ny information which Mr. Swanson wishes to submit for consideration in the determination may be provided the Contracting Officer through me.”

In a unilateral settlement determination issued on March 4, 1999, the contracting officer awarded Swanson $12,294.21 in termination settlement costs. Swanson appealed that decision to the Board on March 22, 1999. Swanson Group, Inc., 01-1 B.C.A. (CCH) ¶ 31,164 (A.S.B.C.A. Nov.2, 2000). Before the Board, the Navy moved to dismiss based on the affirmative defense that Swanson had forfeited its right to appeal by failing to submit a termination settlement proposal within the one-year period established by FAR section 52.249-2. Id. at 153,928, 153,929-30. The Navy argued that the deadline for the submission of Swanson’s proposal was one year from the Board’s decision, or November 6, 1998. Id. at 153,930. Denying the Navy’s motion, the Board concluded that FAR section 52.249-2© did not operate to bar Swanson’s appeal. Id. The Board pointed out that the one-year period for submitting a termination settlement proposal runs from the “effective date of termination,” which is defined by FAR section 2.201 as the date on which the contractor receives notice of termination if notice is received subsequent to the actual date of termination. Id. Swanson received notice of the Board’s decision on November 17, 1997, establishing that as the effective date of termination. The Board ruled that because Swanson filed its request for an extension of time on November 10, 1998, within one year of the effective date, it had preserved its right to appeal the contracting officer’s settlement determination. Id.

On March 28, 2002, the Board issued its quantum decision on the merits of Swanson’s appeal. Swanson Group, Inc., 02-1 B.C.A. (CCH) ¶ 31,836, at 157,297. In its decision, the Board added $249,840.38 to the contractor’s award of $12,294.21, resulting in a total award of $262,134.59. Id. On Swanson’s motion for reconsideration based on errors committed by the Board, the Board increased the award by $15,941.66, bringing the total award to $278,076.25. Swanson Group, Inc., 02-2 B.C.A. (CCH) ¶ 31,906, at 157,621. The Navy timely appealed the Board’s decision to this court on October 30, 2002. We have jurisdiction pursuant to 28 U.S.C. § 1295(a)(10) (2000).

ANALYSIS

I.

Under the CDA, we review de novo the decision of an agency board of contract appeals on a question of law. 41 U.S.C. § 609(b). The determination of jurisdiction under the CDA is a question of law. It is therefore subject to de novo review. Reflectone, Inc. v. Dalton, 60 F.3d 1572, 1575 (Fed.Cir.1995).

The government contends that the Board lacked jurisdiction to entertain Swanson’s appeal from the contracting officer’s March 4, 1999 settlement determination. In so doing, however, it advances for the first time a contention different from the one raised before the Board by the Navy. The government argues that because Swanson did not submit a claim, or a termination settlement proposal that could have ripened into a claim, prior to the contracting officer’s settlement determination, the Act did not provide for an appeal of that determination. For the reasons set forth below, we agree that the[*1379] Board lacked jurisdiction over Swanson’s appeal.

II.

The CDA provides for the resolution of contract disputes arising between the government and contractors. It requires that “[a]ll claims by a contractor against the government shall be in writing and shall be submitted to the contracting officer for a decision.” 41 U.S.C. § 605(a). While the statute itself does not define the term, FAR section 2.201 defines a “claim” as “[1] a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain....” 48 C.F.R. § 2.201; see also Reflectone, 60 F.3d at 1575-76. The statute further provides that the “contracting officer’s decision on the claim shall be final and conclusive and not subject to review by any forum, tribunal, or Government agency, unless an appeal or suit is timely commenced as authorized by this Act.” 41 U.S.C. § 605(b). Upon the issuance of a contracting officer’s final decision on a claim, the contractor has the choice to appeal either to the appropriate board of contract appeals or to the Court of Federal Claims. Id. §§ 607(d), 609(a)(1). This Court may then entertain appeals from a final decision of either tribunal. 28 U.S.C. § 1295(a)(10).

To streamline the resolution of government contract claims, the CDA imposes strict limits on the dispute resolution process. See Sharman Co. v. United States, 2 F.3d 1564, 1568-69 n. 6 (Fed.Cir.1993), overruled on other grounds by Reflectone, 60 F.3d 1572; S.Rep. No. 95-1118, at 1-2 (1978), reprinted in 1978 U.S.C.C.A.N. 5235, 5235-36. We have enforced the strict limits of the CDA as “jurisdictional prerequisites to any appeal.” Sharman, 2 F.3d at 1569 n. 6 (citations omitted). We have held, based on the statutory provisions, that the jurisdiction over an appeal of a contracting officer’s decision is lacking unless the contractor’s claim is first presented to the contracting officer and that officer renders a final decision on the claim. See James M. Ellett Constr. Co. v. United States, 93 F.3d 1537, 1541-42 (Fed.Cir.1996) (“Thus, for the [Court of Federal Claims] to have jurisdiction under the CDA, there must be both a valid claim, a term the act leaves undefined, and a contracting officer’s final decision on that claim.”) (citing Reflectone, 60 F.3d at 1575, and Sharman, 2 F.3d at 1568-69).

As noted above, the government now asserts that the Board lacked jurisdiction over Swanson’s appeal because Swanson did not present a claim to the contracting officer. That is correct. While the Board’s decision addressed the issue of whether Swanson had complied with the requirements of FAR section 52.249-2(e), it did not address the jurisdictional prerequisites of the CDA itself. Prior to the contracting officer’s settlement determination, Swanson submitted neither a claim nor a termination settlement proposal that could have ripened into a claim. [4] Therefore Swanson could not appeal the contracting officer’s March 4, 1999 settlement determination. Swanson’s appeal was not authorized by the CDA because it was not an appeal from a contracting officer’s final decision on a claim that Swanson had submitted. Accordingly, the Board did not have jurisdiction to adjudicate Swanson’s[*1380] appeal. We therefore vacate the decision of the Board awarding Swanson $278,076.25 in termination settlement costs.

The Board was presented with a similar situation in Cedar Construction, 92-2 B.C.A. (CCH) ¶ 24,896 (A.S.B.C.A. May 6, 1992). There, a fixed-price construction contract was terminated for the convenience of the government. The contract in Cedar Construction also incorporated FAR section 52.249-2. The contractor was required to submit a termination settlement proposal by June 19, 1990, one year from the effective date of the government’s termination for convenience. The one-year period expired without the contractor submitting a proposal, however. On June 28, 1990, the contractor requested an extension of sixty days to submit a proposal, which the contracting officer denied on September 11, 1990. The contractor appealed to the Board from that denial on December 10, 1990. Cedar Constr., 92-2 B.C.A. (CCH) ¶ 24,896, at 124,165.

On appeal, the Board declined to address the arguments of either party because “there is no proper claim before us and, therefore, no jurisdiction to decide the issue presented.” Id. The Board relied upon its prior decision in Harris Corp., 89-3 B.C.A. (CCH) ¶ 22,145, at 111,460 (A.S.B.C.A. July 25, 1989), for the proposition that in the absence of a claim, the mere refusal to consider a settlement proposal does not suffice to confer jurisdiction on the Board. Id. at 124,166. As the Board explained,

In order to vest the Board with jurisdiction over the dispute as to whether the proposal was time-barred, it was necessary that the refusal be followed by a submission of the proposal to the contracting officer as a claim.... A timely appeal following actual or deemed denial of that claim would complete the prerequisites for jurisdiction.

Id. We follow the same logic in this case and hold that the Board should have dismissed Swanson’s appeal for lack of jurisdiction due to its failure to submit a termination settlement proposal that could have ripened into a claim.

The fact that the Board lacked jurisdiction over Swanson’s previous appeal does not, however, bar Swanson from submitting a termination settlement proposal to the contracting officer at this time. If Swanson submits such a proposal now, the contracting officer will be in a position either to reject it on the ground that it is untimely or to consider it on the merits. If the contracting officer rules the proposal untimely, Swanson will have the option of appealing that decision as a denial of a claim under the CDA. If the contracting officer entertains the proposal and denies it in whole or in part, Swanson will have the option of appealing that decision as a denial of a claim under the CDA as well. See, e.g., Cedar Constr., 92-2 B.C.A. (CCH) ¶ 24,896, at 124,166 (“Such dismissal, however, is without prejudice to the resubmission of a proper claim ... and filing a new appeal in the event of the contracting officer’s denial of said claim.”). We express no views on the merits of any termination settlement proposal that Swanson may submit in the future. Neither do we express any views on the merits of any defenses the government may assert in response to such a proposal before the contracting officer, the Board, or the Court of Federal Claims.

CONCLUSION

For the foregoing reasons, we hold that the Board lacked jurisdiction over Swanson’s appeal. The Board’s final decision awarding Swanson $278,076.25 in termination settlement costs is therefore vacated. The case is remanded to the Board[*1381] with the instruction that it dismiss Swanson’s appeal.

VACATED and REMANDED.

1

. All citations to the FAR and the C.F.R. are to the respective 2003 versions, which are not materially different from the versions incorporated into the contract.

2

. A settlement proposal "means a proposal for effecting settlement of a contract terminated in whole or in part, submitted by a contractor or subcontractor in the form, and supported by the data, required by this part.” FAR§ 49.001, 48 C.F.R. § 49.001.

3

.Swanson’s request for an extension demonstrates an understanding that at that time, Swanson had not yet submitted a "claim” to the Navy: “It is my understanding that The Swanson Group has one year to fifteen months in which to initiate a claim based on the contract dispute.... Accordingly, on behalf of The Swanson Group, I hereby request a one year extension in order to initiate the claim.” (emphases added).

4

. In Ellett Construction, we held that though a termination settlement proposal initially is just a proposal, and not a claim, it nevertheless may ripen into a "claim” under the CDA once negotiations reach an impasse and the proposal is submitted for decision: “[FAR section 52.249-2] implicitly includes termination settlement proposals within the operative definition of a claim to the extent they are not favorably resolved by a contracting officer's decision.” 93 F.3d at 1543-44.