58623

Asia Commerce Network

October 4, 2017Judge O'Sullivan
Partially SustainedContract InterpretationTermination for DefaultCommercial Item

Asia Commerce Network appealed the termination for cause of its contract to supply jet fuel to Bagram Air Field, Afghanistan. The Board sustained the appeal, converting the termination for cause to a termination for convenience.

Material Facts

  • The contract was awarded to Asia Commerce Network on 27 March 2012 to supply jet fuel to Bagram Air Field.
  • The contract required Asia Commerce Network to be operational within six months, by 27 September 2012.
  • Asia Commerce Network was not ready to start delivering fuel by the original deadline.
  • The government issued a cure notice on 18 October 2012, requesting explanations for delays.
  • A stop work order was issued on 17 December 2012, and the contract was terminated for cause on 17 January 2013.

Parties

Appellant
Asia Commerce Network
Contracting Agency
Defense Logistics Agency Energy
Contract Number
SP0600-12-D-1010
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