Southwest Marine, Inc.
Southwest Marine, Inc. appealed a decision regarding the Navy's entitlement to recover overpayments related to a fixed-price incentive contract for the overhaul of the USS DULUTH. The Board affirmed its previous decision, denying the appellant's motion for reconsideration.
Material Facts
- The Navy entered into a fixed-price incentive contract with Northwest Marine Iron Works for the overhaul of the USS DULUTH.
- NMIW filed a Chapter 11 petition and entered into a reorganization plan in March 1987.
- On 5 April 1989, NMIW submitted an invoice for a progress payment of $2,811,077, which was approved by the contracting officer.
- On 11 March 1994, the contracting officer determined that the Navy had overpaid NMIW $2,161,287 due to debt concessions.
- The Board previously sustained the appeal as to entitlement, but the District Court reversed that decision and remanded for determination of quantum.
Parties
- Appellant
- Southwest Marine, Inc.
- Respondent Agency
- Navy
- Contract Number
- N00024-85-C-8506
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