Asia Commerce Network
Asia Commerce Network applied for fees under the Equal Access to Justice Act following a contract dispute with the Defense Logistics Agency. The Board granted the application, finding the government’s position was not substantially justified.
Material Facts
- The underlying appeal involved a January 20, 2011 contract to supply jet fuel to Bagram Air Field, Afghanistan.
- The Defense Logistics Agency terminated the contract for cause on January 17, 2013.
- The government did not meet its initial burden of proving a prima facie case of the contractor's default.
- The Board found that the government waived the delivery date and did not re-establish a new one.
- The evidence established that ACN's performance complied with the terms of the contract.
Parties
- Appellant
- Asia Commerce Network
- Respondent Agency
- Defense Logistics Agency
- Contract Number
- SP0600-12-D-1010
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