56708

SWR, Inc.

March 19, 2012Judge Melnick
Denied / Government PrevailedAccord & Satisfaction / Release / Waiver

SWR, Inc. appealed a government motion to dismiss its claim for termination for convenience costs, asserting it retained standing despite a Chapter 11 bankruptcy. The Board denied the government's motion, allowing SWR to pursue its claim.

Material Facts

  • The Army awarded Contract No. W912CN-06-D-0013 to SWR to store privately owned vehicles at Fort Shafter, Hawaii.
  • The Army terminated the contract for convenience, effective 1 July 2006.
  • SWR submitted a termination settlement proposal on 29 June 2007, which it converted to a certified claim on 13 November 2008.
  • SWR filed this appeal on 14 January 2009, seeking termination for convenience costs quantified in the amount of $3,905,742.12.
  • SWR filed a voluntary petition in bankruptcy on 1 July 2009 under Chapter 11.
  • SWR's bankruptcy disclosure statement included a claim against the Department of Defense in the amount of $3,950,000.
  • SWR's plan of reorganization expressed an expectation of recovery from its administrative appeal.

Parties

Appellant
SWR, Inc.
Respondent Agency
Department of the Army
Contract Number
W912CN-06-D-0013
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