SWR, Inc.
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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