Marshall's Electric, Inc.

Material Facts

• The government issued a solicitation for Repair Fire Protection/Detection Systems at F.E. Warren Air Force Base on 27 June 2013.
• The contract included FAR 52.228-15, requiring performance and payment bonds to be furnished within 20 calendar days of award.
• Contract No. FA4613-13-C-0011 was awarded to appellant on 25 September 2013, with a deadline to furnish bonds by 15 October 2013.
• A federal government shutdown occurred between 1 October 2013 and 16 October 2013, impacting the processing of appellant's bond guarantees.
• Appellant did not request the bonds until 11 November 2013, nearly one month after the bonds were required.
• On 13 November 2013, appellant's surety denied its bond request due to outstanding claims related to another contract.
• The contracting officer issued a notice to show cause on 24 December 2013 regarding the failure to provide bonding.
• Appellant requested a 45-day grace period to obtain bonding, which was not granted.
• The government issued a notice of default termination on 22 September 2014, citing appellant's failure to provide bonding.
• Appellant filed a timely notice of appeal from the termination decision on 15 December 2014.

Parties

Appellant

Marshall's Electric, Inc.

Respondent Agency

Department of the Air Force

Contract Number

FA4613-13-C-0011