Martin Edwards & Associates, Inc.

Material Facts

• The Army awarded MEA a contract for delivery and installation of washers and dryers at Ft. Bragg, Simmons Army Airfield, and Camp Mackall, NC.
• The contract's performance work statement specified the hours of operation for services to be performed.
• MEA requested an extension to the 45-day phase-in period due to delays in equipment delivery, which the government initially agreed to but later retained the original phase-in period.
• The government denied MEA's request to work weekends due to budget constraints for overtime monitoring.
• The CO terminated the contract for cause after MEA's assurances lacked specifics.
• MEA requested to convert the termination for cause to a no-cost termination for convenience, which was finalized via bilateral modification.
• The no-cost termination included a broad release language from MEA.
• MEA filed a certified claim for $850,000 for breach of contract and unlawful termination for convenience, asserting bad faith by the government.
• The government denied MEA's claim, stating there was no bad faith in the termination.

Parties

Appellant

Martin Edwards & Associates, Inc.

Respondent Agency

Department of the Army

Contract Number

W91247-11-D-0004