56864

Cavalry Security Group, LLC

June 15, 2010Judge Peacock
Denied / Government PrevailedPayment / Progress Payments / FinancingDCMA InvolvedCommercial Item

Cavalry Security Group, LLC appealed for an interest penalty under the Prompt Payment Act for late payments by the government. The Board denied the government's motion for summary judgment.

Material Facts

  • On 7 May 2004, Defense Contracting and Consulting, LLC (DCC) was awarded an indefinite-delivery, indefinite-quantity (IDIQ) contract by the Coalition Provisional Authority-Contracting Activity (CPA).
  • The government recognized CSG as successor-in-interest to the contract on 12 June 2008.
  • The contract provided that inspection and acceptance would take place at the point of delivery at two warehouses in Baghdad.
  • Delivery order (DO) 30 revised the contract to state that invoices were to be submitted to the contracting officer for approval certification and submission to the USACE Finance Center.
  • CSG submitted a certified claim to the contracting officer on 13 August 2008 for $196,639.53 alleging that the government owed it PPA interest penalty for late payments.

Parties

Appellant
Cavalry Security Group, LLC
Respondent Agency
Department of the Army
Contract Number
W914NS-04-D-0119
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