61565

Arab Shah Construction Company

February 12, 2019Judge Younger
Denied / Government PrevailedOtherCommercial Item

Arab Shah Construction Company appealed the Army Corps of Engineers' decision to terminate its contract for cause. The Board denied the government's motion to dismiss the appeal for failure to state a claim.

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
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