Sea Cycle Construction Company

Material Facts

• The Army awarded Contract No. W91B4L-10-C-0229 to Sea Cycle Construction Company for construction work in Afghanistan.
• The contract required the appellant to commence performance within 5 calendar days after receipt of notice to proceed and complete the work no later than 60 days from the date of receiving the notice.
• The Army notified the appellant that it would pursue a no-cost cancellation of the contract due to the appellant's failure to begin performance as required.
• The Army cancelled the contract in its entirety through a modification dated August 11, 2010.
• The appellant submitted a claim seeking payment of $342,590 for inventory purchased in preparation for performing the contract.
• The claim did not include a signed statement with the certification language required for claims exceeding $100,000.
• The contracting officer denied the claim because the appellant failed to file a certified claim within the CDA six-year statute of limitations.

Parties

Appellant

Sea Cycle Construction Company

Respondent Agency

Department of the Army

Contract Number

W91B4L-10-C-0229