58673

Ft. McCoy Shipping & Services

October 9, 2013Judge Stempler
Sustained / Appellant PrevailedCDA JurisdictionStatute of Limitations / TimelinessFailure to Prosecute / Dismissal

The ASBCA addressed the appeal of Ft. McCoy Shipping & Services regarding the timeliness of their notice of appeal following a contracting officer's final decision. The Board denied the government's motion to dismiss, finding the appeal was timely filed.

Material Facts

  • The Army & Air Force Exchange Service awarded Contract No. MCC 08-205 to appellant on 30 April 2008.
  • The contract was for concession operation of a business center located at Ft. McCoy, WI for a period of five years.
  • On 20 September 2012, appellant informed the government it was terminating the contract.
  • By letter dated 29 November 2012, appellant submitted a claim for $17,000 for undue costs incurred.
  • The contracting officer denied the claim in its entirety by letter dated 11 January 2013.
  • Appellant sent a letter dated 16 January 2013 acknowledging receipt of the contracting officer's decision and expressing intent to appeal.
  • Appellant appealed to the Board by letter dated 23 May 2013.

Parties

Appellant
Ft. McCoy Shipping & Services
Respondent Agency
Army
Contracting Agency
Army & Air Force Exchange Service
Contract Number
Contract No. MCC 08-205
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