59067

Pros Cleaners

August 6 ,2014Judge Lopes
DismissedCDA JurisdictionFailure to Prosecute / Dismissal

Pros Cleaners appealed the contracting officer's final decision terminating their contract for failure to perform laundry services. The Board dismissed the appeal for lack of jurisdiction due to untimeliness.

Material Facts

  • The Army entered into Blanket Purchase Agreement No. W9124E-12-A-0005 with Pros Cleaners for laundry services.
  • The BPA incorporated the FAR 52.233-1, DISPUTES clause.
  • The government issued BPA Call No. 0001 for $83,400 to Pros Cleaners for laundry services.
  • The contracting officer issued a COFD terminating Call No. 0001 for cause on 8 August 2012.
  • The COFD cited a termination clause that was not incorporated into the contract.
  • Pros Cleaners acknowledged receipt of the COFD on 10 August 2012.
  • The appeal was filed with the Board on 13 December 2013, 490 days after receipt of the COFD.

Parties

Appellant
Pros Cleaners
Respondent Agency
Army
Contract Number
W9124E-12-A-0005
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