Fortis Networks, Inc.

Material Facts

• The contracting officer awarded Contract No. W912BV-D-0005 on July 10, 2014.
• The contract included a liquidated damages clause with an amount set at $988 per calendar day.
• The government issued a solicitation for a task order on August 28, 2014, with an updated liquidated damages amount of $735 per calendar day.
• Task Order No. 0002 was awarded on September 29, 2014, with various line items for construction work.
• The period of performance ended on June 11, 2016, but performance was not completed until August 7, 2018.
• The contracting officer assessed liquidated damages for 787 calendar days of delay, totaling $578,445.
• Fortis did not file an excusable delay claim or request any extensions of time.

Parties

Appellant

Fortis Networks, Inc.

Respondent Agency

U.S. Army Corps of Engineers

Contract Number

W912BV-14-D-0005