51722

Environmental Safety Consultants, Inc.

September 28, 2011Judge Freeman
Sustained / Appellant PrevailedTermination for DefaultAccord & Satisfaction / Release / Waiver

Environmental Safety Consultants, Inc. appealed the default termination of its contract for failure to make progress and complete the work on time. The Board found that the government failed to specify a new completion date before terminating the contract, thus sustaining the appeal.

Material Facts

  • The government awarded Contract No. N62470-95-C-2399 to ESCI on 13 November 1995.
  • The total contract price at award was $561,764.25, with a specified completion date of 16 August 1996.
  • The completion date was extended to 26 August 1996.
  • ESCI completed only 20 percent of the contract work by 30 June 1996.
  • The government issued multiple non-compliance notices to ESCI regarding its performance.
  • ESCI entered into a subcontract with Rickmond Environmental, Inc. to complete the work.
  • The government issued a cure notice on 18 September 1996 citing performance deficiencies.
  • The contracting officer issued a final decision terminating the contract for default on 12 June 1998.

Parties

Appellant
Environmental Safety Consultants, Inc.
Respondent Agency
Navy
Contracting Agency
Naval Facilities Engineering Command
Contract Number
N62470-95-C-2399
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