Anaconda Construction Company

Material Facts

• The government awarded Contract No. W91B4N-12-P-5086 to ACC to operate and maintain a burn pit for solid waste at Bagram Airfield in Afghanistan.
• The government terminated the contract for convenience, effective 15 October 2013.
• ACC submitted a claim on 24 October 2013 for the cost to replace two loaders destroyed by fire, totaling $160,000.
• The contracting officer issued a final decision on the October claim on 28 October 2013, denying any funds were owed to ACC.
• ACC submitted a settlement proposal on 7 November 2013 for $451,600, which the contracting officer intended to reject due to lack of documentation.
• ACC submitted a revised settlement proposal within 15 days, seeking $160,000 for the loaders and $112,900 in other costs.
• The contracting officer issued a final decision on the revised settlement proposal on 26 November 2013, denying all claimed costs.
• ACC filed a notice of appeal on 7 November 2016, more than 90 days after both final decisions.

Parties

Appellant

Anaconda Construction Company

Respondent Agency

Department of the Army

Contract Number

Contract No. W91B4N-12-P-5086