Nelson, Inc.
Nelson, Inc. appealed the termination for default of its contract for construction work on the Mississippi River, while a separate appeal regarding a termination for convenience settlement proposal was dismissed as premature.
Material Facts
- The U.S. Army Corps of Engineers awarded the contract to Nelson, Inc. for $9,241,900 for construction of stone dikes and other features at four sites on the Mississippi River.
- The contract included separate pricing for each activity related to each of the four sites.
- The Corps concluded that Nelson was non-responsible based on a pre-award survey but later issued a Certificate of Competency.
- The contract included FAR clauses regarding commencement, prosecution, and completion of work, as well as default and termination for convenience.
- The Corps issued a stop-work order due to perceived performance deficiencies and later terminated the contract for default.
Parties
- Appellant
- Nelson, Inc.
- Respondent Agency
- U.S. Army Engineer District, Memphis
- Contract Number
- W912EQ-09-C-0025
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