Black Bear Construction Company

Material Facts

• The government awarded the contract to Black Bear for runway improvement on 18 May 2012.
• The contract incorporated FAR clause 52.249-2, which included requirements for termination settlement proposals.
• Black Bear received a notice to proceed on 28 June 2012, with a performance period of 90 days.
• The government terminated the contract for convenience on 16 July 2012 and requested a settlement proposal within 30 days.
• Black Bear submitted its claim letter to the contracting officer on 25 March 2017, over three years after the termination.
• The contracting officer denied the claim on 22 May 2017, citing the late submission and a release of claims.

Parties

Appellant

Black Bear Construction Company

Respondent Agency

Department of the Army

Contract Number

W91B4L-12-C-0185