61122

Aspen Consulting, LLC

October 14, 2020Judge McIlmail
Denied / Government PrevailedPayment / Progress Payments / Financing

Aspen Consulting, LLC appealed for $264,470.70, claiming the government misdirected contract payments to a German bank account. The Board denied the appeal, finding that the payments were made based on a request from an authorized representative.

Material Facts

  • The parties contracted for Aspen to outfit the U.S. Army Health and Dental Clinics in Rose Barracks, Vilseck, Germany.
  • The contract included FAR 52.232-33, which requires contractors to provide updated EFT information to the CCR database.
  • In 2015, the government paid two invoices to a Commerzbank account at the request of Mr. Benjamin French.
  • Mr. French was Aspen's vice-president and had signed at least one modification to the contract.
  • Aspen did not communicate any limitations on Mr. French's authority to the government.

Parties

Appellant
Aspen Consulting, LLC
Respondent Agency
U.S. Army Engineer District, Little Rock
Contract Number
W9127S-13-C-6003
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