56905

Broadway Consolidated Companies, Inc.

November 14, 2011Judge Melnick
DismissedCDA JurisdictionAccord & Satisfaction / Release / Waiver

Broadway Consolidated Companies, Inc. appealed a final decision regarding costs incurred after a task order was terminated for the convenience of the government. The appeal was dismissed due to lack of jurisdiction stemming from Broadway's Chapter 7 bankruptcy.

Material Facts

  • The Department of the Navy awarded Task Order No. 5 to Broadway on 30 September 2003.
  • The task order was for the repair of the Sampson Street Bridge at the Naval Training Center, Great Lakes, Illinois.
  • The Navy terminated Task Order No. 5 for convenience effective 1 January 2006.
  • Broadway submitted a request for equitable adjustment on 14 December 2006, seeking a balance of $578,331.40.
  • The contracting officer issued a final decision on 25 June 2009, determining no additional payment was due.
  • Broadway filed a voluntary Chapter 7 bankruptcy petition on 8 December 2010.
  • Broadway listed its claim in this appeal under accounts receivable in the amount of $350,000.
  • The Chapter 7 trustee reported no property available for distribution from the estate.

Parties

Appellant
Broadway Consolidated Companies, Inc.
Respondent Agency
Department of the Navy
Contract Number
N68950-02-D-0052
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