54550

Southwest Marine, Inc.

November 1, 2011Judge Thomas
Sustained / Appellant PrevailedQuantum / DamagesContract InterpretationAccord & Satisfaction / Release / WaiverCAS at IssueSmall Business

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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