61461

Cooper/Ports America, LLC

May 2, 2018Judge O'Sullivan
Denied / Government PrevailedCDA Jurisdiction

Cooper/Ports America, LLC appealed a government motion to dismiss for lack of jurisdiction regarding a claim that accrued before a novation agreement. The Board denied the government's motion, affirming CPA's standing to assert the claim.

Material Facts

  • On 28 January 2015, the government awarded Contract No. HTC711-15-D-R036 to Shippers Stevedoring Co. for stevedoring and related terminal services.
  • Shippers incurred financial losses and entered negotiations to transfer the contract.
  • On 15 November 2016, a novation agreement was executed by CPA, Shippers, and the government.
  • CPA took over performance of the contract on or about 1 October 2016.
  • CPA filed a claim for unilateral mistake in bid based on Shippers' bid being significantly below the next lowest bidder.

Parties

Appellant
Cooper/Ports America, LLC
Contract Number
HTC711-15-D-R036
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