Arab Shah Construction Company

Material Facts

• The Corps awarded Contract No. W912ER-17-A-0005 to Arab Shah Construction Company for diesel generator repair services on December 7, 2016.
• The contract included FAR 52.212-4, which allows the government to terminate for cause in the event of default by the contractor.
• The Corps issued a cure notice on December 15, 2017, advising the appellant of deficiencies in performance.
• The appellant submitted a response to the cure notice on December 20, 2017, which included photographs and a chart of parts.
• The contracting officer decided to terminate the contract for cause on December 29, 2017, due to inadequate response to the cure notice.
• The termination notice detailed performance issues with two generators, including the use of non-authentic parts.
• The appellant filed its notice of appeal on March 24, 2018, and its complaint on April 18, 2018, which included allegations against a maintenance contractor.

Parties

Appellant

Arab Shah Construction Company

Respondent Agency

U.S. Army Engineer District, Middle East

Contract Number

W912ER-17-A-0005