6167361675

Nauset Construction Corporation

May 5, 2021Judge Young
Partially SustainedAuthority of Government AgentsCDA Jurisdiction

Nauset Construction Corporation appealed the deemed denial of two claims and a termination for default by the Department of the Army. The Board asserted jurisdiction over the claims but dismissed the appeal of the termination for default as untimely.

Material Facts

  • Nauset Construction Corporation was awarded a contract by the National Guard Bureau on November 1, 2013, for $20,521,858.00.
  • Nauset submitted a certified claim (Claim 1) to the contracting officer on May 12, 2017, for $2,563,622 plus an extension of time.
  • The contracting officer informed Nauset on July 10, 2017, that she could not render a decision within the required 60 days due to ongoing investigations.
  • The contracting officer terminated the contract for default on November 17, 2017.
  • Nauset submitted a second certified claim (Claim 2) on February 12, 2018, demanding payment for costs incurred and asserting wrongful termination.
  • Nauset appealed to the Board on June 27, 2018, after the contracting officer failed to issue a decision on the claims.

Parties

Appellant
Nauset Construction Corporation
Respondent Agency
Department of the Army
Contract Number
W912SV-13-C-0007
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