61004

Western Trading Company

April 12, 2018Judge Osterhout
DismissedCDA Jurisdiction

Western Trading Company appealed the denial of a claim for $379,000 related to a contract for vehicle delivery, which the government terminated for cause. The Board dismissed the appeal due to lack of jurisdiction, as it was filed beyond the required timeframe.

Material Facts

  • Western Trading Company was awarded Contract No. W5KA4N-11-P-0126 on 5 February 2011.
  • The contract was for the delivery of two armored Toyota Land Cruisers and one armored Toyota Hilux Pick Up, totaling $388,999.99.
  • The vehicles were required to be delivered by 28 February 2011.
  • The government issued a cure notice on 3 March 2011 due to non-delivery, which Western Trading failed to respond to.
  • The contracting officer terminated the contract for cause on 19 March 2011 after Western Trading did not provide requested documentation.
  • Western Trading filed a notice of appeal on 31 October 2015, over four years after the termination.
  • The Board dismissed a prior appeal (ASBCA No. 60860) without prejudice, allowing ASBCA Nos. 61004 and 61015 to continue.
  • The government filed a motion to dismiss on 20 September 2017, arguing the appeal was untimely.

Parties

Appellant
Western Trading Company
Respondent Agency
Department of the Army
Contract Number
Contract No. W5KA4N-11-P-0126
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