Special Operative Group, LLC

Material Facts

• The U.S. Army Corps of Engineers awarded a fixed-price design-build contract to SOG for the design and construction of the Tal Eswad Iraqi Police Station.
• The total contract price at the time of award was $1,900,000 with a performance period of 240 days.
• Modification No. 01 was issued, adding work and extending the contract completion date.
• SOG submitted an invoice dated 29 September 2010 for progress payments, which included a certification required by FAR 52.232-5(c).
• The contracting officer terminated the contract for default on 13 October 2010.
• SOG submitted a demand for payment on 13 December 2010 for an outstanding invoice, which included a later invoice dated 8 December 2010 totaling $292,086.43.
• The 8 December 2010 invoice did not contain the required CDA certification.

Parties

Appellant

Special Operative Group, LLC

Respondent Agency

U.S. Army Engineer District, Middle East

Contracting Agency

U.S. Army Corps of Engineers

Contract Number

W917BG-09-C-0044