4H Construction Corporation
4H Construction Corporation appealed the Army's refusal to pay costs incurred for a stand-by dredging contract that was terminated for convenience before a notice to proceed was issued. The Board found in favor of 4H, awarding it costs incurred in preparation for contract performance.
Material Facts
- 4H bid on the Arkansas River dredging contract three times.
- The Army terminated the contract for convenience prior to issuing a notice to proceed.
- 4H incurred costs preparing to perform the contract without receiving a notice to proceed.
- The contracting officer's email regarding a protest was deemed unclear and not a valid stop-work order.
- DCAA audited 4H's settlement proposal and questioned certain costs, but the IQAD report later supported 4H's claims.
Parties
- Appellant
- 4H Construction Corporation
- Respondent Agency
- Department of the Army
- Contracting Agency
- U.S. Army Engineer District, Little Rock
- Contract Number
- W9127S-12-D-0026
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