60049

First Division Design, LLC

November 13, 2018Judge Kinner
Denied / Government PrevailedTermination for ConvenienceQuantum / DamagesDCAA InvolvedCommercial Item

First Division Design, LLC appealed the Air Force's denial of costs related to the termination for convenience of its contract for floor tiles. The Board denied the appeal, finding the government acted within its rights.

Material Facts

  • The contract was terminated for convenience due to the acceptance of an offer for products manufactured in China, which violated trade restrictions.
  • FDD submitted its offer on 30 August 2013 and was awarded the contract on 8 September 2013.
  • A stop-work order was issued on 17 September 2013, instructing FDD to cease all work.
  • FDD claimed costs totaling $300,844.15, which included amounts for administrative expenses and costs incurred during negotiations.
  • The contracting officer determined that FDD was entitled to $11,944.99 for some work performed and settlement-related costs.

Parties

Appellant
First Division Design, LLC
Respondent Agency
Air Force
Contract Number
FA5270-13-P-0131
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