Moonschein Industries LLC

Material Facts

• The Contracting Officer awarded Contract No. W9124G-18-R-0004 on July 2, 2018, to Moonschein Industries LLC in the amount of $1,166,366.00 for grounds maintenance services on Fort Rucker, Alabama.
• Performance bonds were required under the terms of the contract in an amount equal to 100 percent of the original contract price.
• The contract incorporated by reference the Federal Acquisition Regulation (FAR) Part 52.212-4, which allowed the government to terminate the contract for cause in the event of any default.
• On August 14, 2018, the contracting officer terminated the contract for cause citing the appellant's failure to provide the required performance and payment bonds.
• A notice of appeal of the contracting officer's termination for default was filed with the Board on August 17, 2018.
• On December 17, 2018, the contracting officer signed bilateral Modification No. 4 converting the termination for cause to a termination for convenience and adding the sum of $3,722.59 to the contract for payment and invoice purposes.

Parties

Appellant

Moonschein Industries LLC

Respondent Agency

Department of the Army

Contract Number

W9124G-18-C-0004