Abozar Afzali Construction Company
Abozar Afzali Construction Company appealed the denial of a claim for costs related to the termination for convenience of its contract, which the government argued was submitted outside the statute of limitations. The Board granted the government's motion for summary judgment, dismissing the appeal.
Material Facts
- The government awarded appellant the contract to construct a team house at FOB Pol-E-Kumri in Afghanistan on February 28, 2010.
- The contract was valued at $389,999.60 and incorporated by reference FAR 52.233-1, DISPUTES.
- On May 5, 2010, the contracting officer notified appellant that the contract was terminated for the convenience of the government.
- Appellant submitted a termination settlement proposal as an invoice in the amount of $124,945.00 on May 23, 2010.
- The invoice did not include a claim certification as required by the CDA for claims over $100,000.
- Appellant sent a third invoice on September 11, 2011 for $22,845.00, which was paid on October 13, 2011.
- Appellant submitted a certified claim on December 4, 2017, which was denied by the contracting officer on February 23, 2018.
Parties
- Appellant
- Abozar Afzali Construction Company
- Respondent Agency
- Air Force
- Contract Number
- H92257-10-M-9814
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