58343

Environmental Safety Consultants, Inc.

March 2, 2015Judge Freeman
Denied / Government PrevailedAccord & Satisfaction / Release / WaiverDCAA Involved

Environmental Safety Consultants, Inc. appealed the deemed denial of its settlement proposal following a termination for convenience of its contract. The Board denied the appeal, finding that the appellant failed to prove its incurred costs.

Material Facts

  • Contract 2399 was awarded to ESCI on 13 November 1995 for the removal and installation of fuel storage tanks.
  • The total contract price at award was $561,764.25.
  • ESCI subcontracted the completion of the work to Rickmond Environmental, Inc. after missing the completion date.
  • The government terminated Contract 2399 for default on 12 June 1998.
  • ESCI submitted a termination settlement claim on 5 July 2012 requesting a net payment of $1,183,366.59.
  • The DCAA found ESCI's claim to be price-based and inadequate for audit.
  • The Board found that ESCI failed to prove its incurred costs and settlement expenses.

Parties

Appellant
Environmental Safety Consultants, Inc.
Respondent Agency
Department of the Navy
Contract Number
N62470-95-B-2399
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