Court Does Not Have Jurisdiction Over Claims Not Submitted to CO; COFC No. 17-447C, Philip Emiabata, d/b/a Philema Brothers v. United States

Government’s motion to dismiss for lack of jurisdiction is granted to the extent claims had not been submitted to the contracting officer for a decision before the filing of a complaint with the Court, government’s motion to dismiss for failure to state a claim is denied and converted to a motion for summary judgment where the parties disagreed whether the contractor made false statements regarding the criminal history of its owner.