59031

ECCI-C Metag, JV

October 22, 2015Judge Dickinson
Denied / Government PrevailedContract InterpretationAccord & Satisfaction / Release / Waiver

ECCI-C Metag, JV appealed a decision regarding the termination of its subcontractor, Arvin Kam, after being directed by the contracting officer due to allegations of supporting an insurgency. The Board denied both parties' motions for summary judgment.

Material Facts

  • The contract was a firm-fixed-price, multiple award task order contract for construction work throughout Northern Afghanistan.
  • The contracting officer directed ECCI-C Metag to terminate its subcontractor, Arvin Kam, due to allegations of supporting an insurgency.
  • ECCI-C Metag submitted a claim for $3,252,818.92 and 61 days of delay resulting from the directed termination.
  • The contracting officer issued a cure notice requiring ECCI-C Metag to terminate Arvin Kam within ten days or face default proceedings.

Parties

Appellant
ECCI-C Metag, JV
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W5J9JE-10-D-0007
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