Herai Alpha Construction Consultancy and Engineering Company

August 17, 2015Judge Delman

Denied / Government PrevailedAccord & Satisfaction / Release / WaiverFailure to Prosecute / Dismissal

Herai Alpha Construction Consultancy and Engineering Company appealed a default termination decision under Contract No. W5J9JE-13-C-0028, seeking its reversal and conversion to a termination for convenience. The Board denied the motion for summary judgment due to unresolved material facts.

Material Facts

The contract was for the design and construction of a 'Forward Area Arming and Refuel Point' in Kunduz Province, Afghanistan.
The contract had a 450-day period of performance, with a completion date of 18 September 2014, later extended to 22 October 2014.
The government expressed concerns regarding the appellant's quality control, safety, and design implementation.
The contracting officer issued a final decision terminating the contract for default, citing insufficient progress and lack of responsiveness from the contractor.
The appellant submitted a certified claim seeking an equitable adjustment of $1,722,800 and a time extension of 239 days, which was deemed denied by the contracting officer.

Parties

Appellant: Herai Alpha Construction Consultancy and Engineering Company
Respondent Agency: U.S. Army Engineer District, Middle East
Contract Number: W5J9JE-13-C-0028

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