Mawaraa AlBihar Company

Material Facts

• The government awarded Contract No. W91GF5-07-M-6845 to Torok Baghdad Company on 28 August 2007.
• Torok Baghdad Company later stated it could not supply the generators at the contract prices and required a higher amount.
• The government canceled the order for generators on 5 September 2007, stating that both parties agreed to the cancellation.
• Mawaraa AlBihar Company claimed to have been awarded a contract for the same generators on 9 September 2007, but the government had no record of this.
• The government awarded a different contract for the same generators to MachineryGroup-KU on 13 September 2007.
• Mawaraa AlBihar Company contacted the government in September 2012 claiming it had delivered the generators but had not been paid.
• The contracting officer issued a final decision on 23 October 2012 stating the invoice was not payable.
• Appellant filed a notice of appeal on 13 March 2013, 134 days after receiving the final decision.

Parties

Appellant

Mawaraa AlBihar Company

Respondent Agency

Department of the Army

Contract Number

W91GF5-07-M-6845