58645

FRASSON LODOVICO S.r.l.

February 10, 2014Judge Shackleford
Denied / Government PrevailedCDA JurisdictionStatute of Limitations / TimelinessFailure to Prosecute / Dismissal

FRASSON LODOVICO S.r.l. appealed a government motion to dismiss for lack of jurisdiction, asserting its appeal was timely filed. The Board concluded the appeal was timely and denied the government's motion.

Material Facts

  • The government awarded Contract No. W912PF-10-C-0028 to FRASSON LODOVICO S.r.l. on 27 September 2010.
  • The government issued Modification No. P00005, reducing the contract amount and assessing liquidated damages.
  • Appellant contested the liquidated damages and requested an equitable adjustment.
  • A certified claim for EUR 56.363,441 was submitted by the appellant on 26 April 2012.
  • The contracting officer issued a final decision on 22 January 2013, which was received by the appellant on 5 February 2013.
  • The appellant filed an appeal on 1 May 2013, stating it was appealing the final decision received on 5 February 2013.

Parties

Appellant
FRASSON LODOVICO S.r.l.
Respondent Agency
Department of the Army
Contract Number
W912PF-10-C-0028
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