6114461219

Sungwoo E&C., Ltd.

October 8, 2019Judge McNulty
Partially SustainedOther

Sungwoo E&C Co., Ltd. appealed against the government's motions to strike and partially dismiss claims related to task orders under a Multiple Award Task Order Contract (MATOC). The Board found it had jurisdiction to consider the appeals despite the government's arguments regarding funding sources.

Material Facts

  • The appeals arise from several task orders awarded to appellant for work performed in the Republic of Korea.
  • The initial task orders were issued pursuant to a general construction, multiple award, indefinite delivery/indefinite quantity (IDIQ) task order contract.
  • Appellant was awarded eleven task orders under the MATOC, with only three at issue in the appeals.
  • The MATOC included provisions for payments to be made by the Republic of Korea Ministry of National Defense (ROK MND) or by the United States with appropriated funds.
  • Appellant's performance on three of the MATOC task orders was rated as unsatisfactory in the government's Contractor Performance Assessment Reporting System (CPARS).
  • Appellant disputes the government's evaluation of its performance and alleges fraudulent acts by the government.

Parties

Appellant
Sungwoo E&C Co., Ltd.
Respondent Agency
Department of the Army
Contracting Agency
Department of the Army
Contract Number
W91QVN-14-D-0034
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