60633

Deas Construction, Inc.

December 13, 2016Judge Newsom
Partially SustainedContract InterpretationAccord & Satisfaction / Release / WaiverSmall BusinessCommercial Item

Deas Construction, Inc. appealed a termination for convenience of a contract for repairing an Isochronal Inspection Maintenance Stand, contending it fully performed the contract and was entitled to full payment. The Board found that Deas did not fully perform the contract and upheld the government's determination of the termination settlement.

Material Facts

  • The contract was for the repair of an Isochronal Inspection Maintenance Stand and was awarded to Deas Construction, Inc. for $42,000.
  • Deas did not complete the assembly of the Stand due to missing items and did not deliver a fully functional product.
  • The government terminated the contract for convenience after determining that Deas could not perform without proprietary information from the original manufacturer.
  • Deas submitted a termination settlement proposal demanding the full contract price but provided no substantiating financial details.
  • The contracting officer awarded a termination settlement of 10 percent of the contract price based on an analysis of work performed.

Parties

Appellant
Deas Construction, Inc.
Respondent Agency
Department of the Air Force
Contract Number
FA4855-14-M-V003
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