6152562090

Assist Consultants Inc.

April 29, 2021Judge D'Alessandris
Denied / Government PrevailedGovernment-Furnished PropertyTermination for Default

Assist Consultants Inc. appealed the termination for default of its contract with the U.S. Army Corps of Engineers due to failure to provide required bonding. The Board denied both parties' motions for summary judgment, finding material factual disputes.

Material Facts

  • The contract was awarded to Assist Consultants Inc. for construction at Al Dhafra Air Base in June 2017.
  • ACI failed to submit performance and payment bonds within the required 15-day period after contract award.
  • The contracting officer rejected ACI's proposed bonds from a surety not listed on Treasury Department Circular 570.
  • The government issued a cure notice to ACI regarding its failure to provide the required bonds.
  • ACI requested a no-cost termination for convenience due to undisclosed restrictions on Afghan nationals accessing the base.

Parties

Appellant
Assist Consultants Inc.
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W912ER-18-C-0009
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