60515

American Boys Construction Company

September 13, 2017Judge Prouty
Denied / Government PrevailedContract InterpretationQuantum / Damages

American Boys Construction Company appealed a denial of compensation for costs incurred after a government stop-work order and subsequent termination for convenience of their contract. The Board denied the appeal, finding the costs claimed were not substantiated.

Material Facts

  • The contract was a firm-fixed-price contract awarded to ABC for the installation of a sniper screen in Kabul, Afghanistan.
  • ABC incurred $67,793 in costs for materials and stand-by labor prior to the issuance of a notice to proceed.
  • The government issued a stop-work order on 23 February 2016, and the contract was terminated for convenience effective 28 February 2016.
  • ABC's termination settlement proposal requested $67,793, including $55,893 for supplies and $11,900 for labor costs.
  • The CO determined that ABC was aware it was prohibited from incurring costs prior to the notice to proceed.

Parties

Appellant
American Boys Construction Company
Respondent Agency
Department of the Army
Contract Number
W56SGK-16-C-0013
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