61163

American Boys Construction Company

January 9, 2018Judge Osterhout
Denied / Government PrevailedStatute of Limitations / TimelinessFailure to Prosecute / Dismissal

American Boys Construction Company appealed the denial of its claim for settlement costs following a termination for convenience of its contract. The Board denied the appeal due to the untimely filing of the settlement proposal.

Material Facts

  • The government awarded Contract No. W91B4N-13-C-8028 to American Boys Construction Company on 24 January 2013.
  • The contract incorporated FAR clause 52.249-2, which required the contractor to submit a final termination settlement proposal within one year of termination.
  • The government terminated the contract on 13 April 2013 and notified American Boys to submit a settlement proposal within one year.
  • American Boys acknowledged the notice of termination on 13 April 2013.
  • American Boys submitted a termination settlement proposal on 9 February 2017, more than three years after the notice of termination.
  • The contracting officer denied the claim in full on 12 April 2017 due to the late filing.

Parties

Appellant
American Boys Construction Company
Respondent Agency
Department of the Army
Contracting Agency
Regional Contracting Center East
Contract Number
W91B4N-13-C-8028
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