Shafi Nasimi Construction and Logistics Company

Material Facts

• The contract was awarded to Shafi Nasimi Construction and Logistics Company on 19 July 2009 for the construction of the Warrior Office Facility at Bagram Airfield, Afghanistan.
• A Notice to Proceed was issued on 9 September 2009, requiring performance to begin within seven days and to complete within 120 days.
• A Stop Work Notice was issued on 14 September 2009 due to design issues.
• The contract was terminated for default on 2 December 2011 due to failure to make progress, with a completion date extended to 12 October 2011.
• The termination notice did not advise the appellant of its appeal rights.
• The 90-day appeal period expired on 3 March 2012, and the appellant did not file an appeal by this date.
• The CO was replaced, and the new CO communicated with the appellant regarding potential settlement over two years later.
• The appellant filed an undated notice of appeal received by the Board on 7 April 2015.

Parties

Appellant

Shafi Nasimi Construction and Logistics Company

Respondent Agency

Department of Army

Contract Number

W91B4N-09-C-8150