5692757432

Charles Mullens

October 13, 2011Judge Freeman
DismissedAccord & Satisfaction / Release / WaiverCDA Jurisdiction

Charles Mullens appealed the no-fault termination of his concession contract and the denial of a damages claim for government bad faith. The Board dismissed one appeal for lack of jurisdiction and denied the request to dismiss the other appeal.

Material Facts

  • The contract was awarded to Mullens to operate a recreational vehicle and marine maintenance shop concession at Fort Huachuca, Arizona.
  • The initial term of the contract was from 1 February 2006 through 31 January 2007, with four successive 12-month option periods.
  • The contracting officer did not exercise the third option period due to an administrative oversight.
  • Mullens continued to operate his business for six months after the contract expired, paying the monthly concession fee.
  • A billing altercation involving a customer led to the government initiating a no-fault termination of the contract.
  • Mullens submitted a claim for relief alleging bad faith termination, which included requests for rescission of the termination and payment of outstanding invoices.

Parties

Appellant
Charles Mullens
Respondent Agency
Department of the Army
Contract Number
Contract No. NAFHA 1-06-T-0226
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