58343

Environmental Safety Consultants, Inc.

October 23, 2014Judge Freeman
Denied / Government PrevailedFailure to Prosecute / DismissalAccord & Satisfaction / Release / WaiverDCAA Involved

Environmental Safety Consultants, Inc. appealed a motion to dismiss based on alleged non-compliance with discovery orders and failure to retain cost records. The Board denied the motion to dismiss but imposed sanctions for non-compliance.

Material Facts

  • The contract was awarded on 13 November 1995 and terminated for default on 12 June 1998.
  • The Board sustained an appeal from the default termination on 28 September 2011, converting it to a termination for convenience.
  • ESCI submitted a total cost basis termination settlement proposal on 5 July 2012, requesting $1,183,366.59.
  • The contracting officer refused to negotiate or issue a final decision on the claim, alleging it was conceived in fraud.
  • The DCAA issued a 'DISCLAIMER OF OPINION' report on 24 February 2014, stating ESCI's proposal did not comply with FAR requirements.

Parties

Appellant
Environmental Safety Consultants, Inc.
Contract Number
N62470-95-C-2399
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