58242

MIC/CCS, Joint Venture

May 14, 2014Judge Scott
Denied / Government PrevailedFailure to Prosecute / DismissalContract Interpretation

MIC/CCS, Joint Venture appealed the contracting officer's termination of Delivery Order No. 0383 for default, seeking to convert it to a termination for convenience. The Board denied the motion for summary judgment.

Material Facts

  • The Air Force awarded Contract No. F42650-03-D-0010 to MIC/CCS for design and construction services.
  • The contract included FAR clauses related to liquidated damages, payments, disputes, differing site conditions, and default.
  • The Air Force issued a statement of work for a project involving Well #1 and Well #7.
  • MIC/CCS faced issues with sand production in Well #1 and fluid loss in Well #7.
  • The contracting officer issued a show cause notice on 6 March 2012 and terminated the DO for default on 18 June 2012.
  • Liquidated damages had not been assessed against MIC/CCS.

Parties

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