Triad Mechanical, Inc.

Material Facts

• The government awarded Contract No. W912EF-10-C-0041 for installation of new cable components and weld repairs at a dam in Washington State.
• The firm fixed contract price was $1,147,189 and the specified completion date was 6 March 2011.
• Subsequent contract amendments increased the total contract price to $1,212,920 and extended the specified completion date to 10 March 2011.
• The government issued a partial termination for convenience order on 11 March 2011 and terminated the entire contract for convenience on 6 June 2011.
• Triad submitted an initial termination settlement proposal on 5 July 2011 and a certified final termination settlement proposal on 24 October 2011.
• The proposed total final termination settlement amount was $1,335,329.33, with a proposed net settlement amount of $674,329.96 after payments received.
• The Defense Contract Audit Agency (DCAA) identified 21 deficiencies in Triad's proposal and stated it was inadequate to plan and perform an audit.
• Triad submitted an appeal to the Board on 29 January 2012, citing the lack of a timely decision from the contracting officer.

Parties

Appellant

Triad Mechanical, Inc.

Respondent Agency

U.S. Army Engineer District, Walla Walla

Contract Number

W912EF-10-C-0041