593975939859399

IAP Worldwide Services, Inc.

May 17, 2017Judge Melnick
Sustained / Appellant PrevailedSuperior KnowledgeContract Interpretation

IAP Worldwide Services, Inc. appealed against the U.S. Army Corps of Engineers regarding costs incurred due to a border closure in Pakistan affecting contract performance. The Board found in favor of IAP, recognizing an excusable delay and constructive acceleration.

Material Facts

  • IAP contracted with the U.S. Army Corps of Engineers to provide power plants at forward military bases in Afghanistan.
  • Pakistan closed its border in response to a military attack, which remained closed for seven months.
  • IAP sought recovery for costs incurred due to the border closure.
  • The government denied IAP's requests for extensions of delivery order performance periods after the border closed.
  • The government later recognized the border closure as an excusable delay but did not grant sufficient extensions.

Parties

Appellant
IAP Worldwide Services, Inc.
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W912BU-10-D-0018
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