Chloeta Fire, LLC

Material Facts

• The government awarded Contract No. W9128F-l l-M-E023 to Chloeta on 23 September 2011.
• The contract required Chloeta to perform a prescribed burn on approximately 650 acres of federal land.
• Chloeta was paid a partial payment of $19,000 for on-site preparations.
• The contract was modified to increase the total price to $74,689.41 due to unavoidable weather delays.
• Chloeta performed a burn on 27 April 2013, consuming approximately 60-70% of Eastern Red Cedars on-site.
• Chloeta submitted an invoice for $55,689.41, but the government only paid $43,739.10.
• Chloeta submitted a claim for $11,950.31, asserting it completed the work under the contract.
• The contracting officer issued a final decision denying Chloeta's claim, stating the contractor did not burn over 100 acres as required.

Parties

Appellant

Chloeta Fire, LLC

Respondent Agency

U.S. Army Corps of Engineers

Contract Number

W9128F-l l-M-E023