58023

MIC/CCS, Joint Venture

July 22, 2014Judge Scott
Denied / Government PrevailedContract InterpretationFailure to Prosecute / Dismissal

MIC/CCS, Joint Venture appealed the deemed denial of its claim for payment under a contract with the Air Force, seeking summary judgment for work performed prior to termination for default. The Board denied the motion, finding disputed material facts.

Material Facts

  • The Air Force awarded a multiple-award Indefinite Delivery, Indefinite Quantity contract to MIC/CCS for design and construction services.
  • The contract included FAR clauses relevant to payment and quality of work.
  • MIC/CCS submitted a proposal for a project involving Well #1 and Well #7, which included unit prices for work.
  • The Air Force issued Delivery Order No. 0383 to MIC/CCS, which contained a lump sum price for the project.
  • The Air Force terminated the Delivery Order for default, citing MIC/CCS's failure to complete the work satisfactorily.

Parties

Appellant
MIC/CCS, Joint Venture
Respondent Agency
Department of the Air Force
Contract Number
F42650-03-D-0010
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