Abdul Ahad Khadim Construction Company

Material Facts

• The government awarded firm fixed-price Contract No. W91B4L-12-C-0214 to the appellant for the construction of a road and entry control point at Kandahar Airfield, Afghanistan.
• The estimated value of the contract was $201,232.
• The contract incorporated the FAR 52.233-1, DISPUTES clause and included the FAR 52.211-12, LIQUIDATED DAMAGES clause.
• The government issued a notice to proceed on 1 September 2012, with a contract completion date of 30 October 2012.
• The contracting officer expressed concern over the appellant's lack of progress on the contract work on 17 October 2012.
• The government issued several contract modifications extending the completion date due to delays caused by the appellant.
• On 1 October 2013, the government assessed $27,045.60 in liquidated damages due to delays caused by the appellant.
• On 2 February 2014, the appellant filed a claim for AFN 16,508,044.80, which was for $339,513.82, but it was not certified.
• The contracting officer issued a final decision granting the appellant's claim for liquidated damages but denying the remainder of the claim.

Parties

Appellant

Abdul Ahad Khadim Construction Company

Respondent Agency

Department of the Army

Contract Number

W91B4L-12-C-0214