56788

Free & Ben, Inc.

November 16, 2012Judge Ting
DismissedFailure to Prosecute / DismissalAccord & Satisfaction / Release / Waiver

Free & Ben, Inc. appealed the dismissal of its claim related to a terminated contract. The Board dismissed the appeal with prejudice due to the appellant's failure to appeal a prior decision.

Material Facts

  • Free & Ben, Inc. submitted a certified claim for $787,760.00 on 27 July 2007.
  • The claim included costs related to settlement with a subcontractor, general and administrative expenses, and other settlement expenses.
  • The contracting officer never issued a decision on the claim.
  • The Board upheld the contracting officer's decision to terminate the contract for cause in a related appeal, ASBCA No. 56129.
  • The appellant did not appeal the Board's decision in ASBCA No. 56129 within the required 120-day period.

Parties

Appellant
Free & Ben, Inc.
Respondent Agency
Army
Contract Number
Contract No. W91GY0-07-C-0056
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