American Boys Construction Company

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