61348613516153661537

Cooper/Ports America, LLC

March 12, 2019Judge Sweet

Denied / Government PrevailedContract Formation / Existence

Cooper/Ports America, LLC appealed the government's exercise of an option to extend a contract for stevedoring services, arguing that the notice was ineffective. The Board denied the appeal, ruling that the government provided a proper preliminary notice of intent.

Material Facts

The government awarded Contract No. HTC711-15-D-R036 to Shippers Stevedoring Co. on January 28, 2015.
The contract provided for one base year and four option years.
The contract contained FAR 52.217-8 and FAR 52.217-9 clauses regarding the exercise of options.
The government sent a formal preliminary notice of intent to exercise OY1 on April 28, 2016.
On December 22, 2016, a novation agreement substituted C/P A for Shippers as the contractor.
The CO intended to exercise the OY2 option and communicated this in a January 31, 2017 email.
The government sent a formal preliminary notice of intent on May 3, 2017, which was after the deadline.
C/P A responded that the preliminary notice was not timely and believed the contract would expire on June 30, 2017.
The government issued a modification on June 13, 2017, purporting to exercise OY2.

Parties

Appellant: Cooper/Ports America, LLC
Contract Number: Contract No. HTC711-15-D-R036

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