K-Con, Inc.

Material Facts

• K-Con, Inc. was awarded two firm-fixed-price contracts for construction projects.
• The contracts were for the construction of a laundry facility and a communications equipment shelter.
• The government requested performance and payment bonds after awarding the contracts but before issuing a notice to proceed.
• K-Con was unable to provide the required bonding and proposed a tripartite agreement, which the government rejected.
• K-Con eventually provided the required bonding nearly two years later, leading to a modification of the contracts to increase costs.

Parties

Appellant

K-Con, Inc.

Respondent Agency

Department of the Army

Contract Number

W912SV-13-F-0100, W912SV-13-F-0121