5885359004

POZ Engineering and Environmental Consulting

May 13, 2014Judge Tunks
Partially SustainedCDA JurisdictionAccord & Satisfaction / Release / Waiver

POZ Engineering and Environmental Consulting appealed for termination settlement costs after the government moved to dismiss for lack of jurisdiction. The Board granted the dismissal for one appeal but retained jurisdiction over another.

Material Facts

  • The contract was awarded to POZ on 11 January 2011 for quality assurance, inspection, and engineering services.
  • The contract price at award was $417,158.72.
  • The CO terminated the contract for the convenience of the government on 17 July 2012.
  • POZ submitted a termination settlement proposal to the CO on 29 November 2012 in the amount of $22,852.07.
  • The CO offered POZ $15,357.00 to settle the proposal on 2 July 2013.
  • POZ rejected the government's offer on 9 July 2013 and requested reconsideration.
  • POZ submitted a revised proposal of $30,916.53 on 11 July 2013.
  • POZ filed a notice of appeal with the Board on 28 August 2013 seeking $46,592.57 in termination for convenience costs.
  • The CO issued a determination on 11 September 2013, offering $17,468.00.
  • POZ filed a notice of appeal from the CO's determination on 6 November 2013, noting its alleged settlement costs were $51,203.74.

Parties

Appellant
POZ Engineering and Environmental Consulting
Respondent Agency
Department of the Army
Contract Number
Contract No. W912K6-11-P-0024
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