60951

First Division Design, LLC

April 25, 2017Judge McIlmail
Partially SustainedTermination for ConvenienceContract InterpretationAccord & Satisfaction / Release / WaiverCommercial Item

First Division Design, LLC appealed a termination for convenience and alleged breach of good faith by the government. The Board awarded a portion of the claimed amount to the appellant.

Material Facts

  • The government awarded the contract to First Division Design, LLC on 27 September 2013.
  • The contract was for 200 dining tables and 1,000 chairs for $187,360.
  • FDD delivered the items in May 2014, but the government withheld $20,000 due to color discrepancies.
  • The government terminated the contract for convenience on 5 June 2015.
  • FDD submitted a termination settlement proposal for $31,683.90 on 3 June 2016.
  • The contracting officer issued a final decision stating FDD was entitled to no further payment as it had already been paid $166,523.20.

Parties

Appellant
First Division Design, LLC
Respondent Agency
Government
Contracting Agency
Air Force
Contract Number
FA5270-13-P-0177
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