Thorpe See-Op Corporation

December 4, 2014Judge McIlmail

Denied / Government PrevailedContract InterpretationCDA JurisdictionStatute of Limitations / TimelinessDCAA InvolvedDCMA Involved

Thorpe See-Op Corporation appealed two decisions regarding a cost-plus-fixed-fee contract, asserting that the government's claims were barred by the statute of limitations. The Board denied both parties' motions for summary judgment.

Material Facts

The government awarded Contract No. W911 W6-05-C-0047, a cost-plus-fixed-fee contract for $500,000, to Thorpe See-Op Corporation on 24 January 2005.
The contract amount was increased to $570,000 on 9 May 2005.
The government ordered appellant to stop work on 5 June 2005.
The contracting officer issued a unilateral modification terminating the contract for convenience on 22 August 2005.
Appellant submitted a settlement proposal on 9 October 2006, seeking payment of $25,171.51.
The termination contracting officer informed appellant on 28 February 2008 that its books and records were not auditable.
On 24 July 2008, the termination contracting officer informed appellant that it owed the government $213,173.44.
Appellant presented two revised termination settlement proposals in May 2011, ultimately requesting $339,071.88.
On 15 July 2013, the contracting officer issued Modification No. A0004, demanding that appellant pay the government $193,773.
Appellant presented a certified claim in the amount of $579,140.19 on 12 August 2013.

Parties

Appellant: Thorpe See-Op Corporation
Contract Number: W911 W6-05-C-0047

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