5742957494

Commissioning Solutions Global, LLC

June 25, 2013Judge James
Denied / Government PrevailedContract InterpretationTermination for DefaultAccord & Satisfaction / Release / WaiverCommercial Item

Commissioning Solutions Global, LLC appealed the termination for cause of its purchase order and a demand for repayment of unliquidated invoice payments. The Board upheld the government's actions, finding the termination justified.

Material Facts

  • The contracting officer terminated the purchase order for cause on 13 August 2010.
  • The government demanded repayment of $130,725.14 in unliquidated invoice payments on 26 October 2010.
  • CSG did not attend a site visit scheduled for 25 August 2009.
  • CSG submitted a proposal to subcontract the manufacturing of the tubes to Indeck.
  • CSG's subcontractor manufactured the tubes and was prepared to deliver them by 27 April 2010.
  • CSG refused to proceed with installation work unless the contracting officer agreed to a price increase or a change to a cost reimbursement type contract.
  • The contracting officer declined to agree to the price increase or change in contract type.

Parties

Appellant
Commissioning Solutions Global, LLC
Respondent Agency
Department of the Air Force
Contracting Agency
Department of the Air Force
Contract Number
FA4626-09-P-0065
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