61955

ASCT Group, Inc.

April 26, 2022Judge D'Alessandris
Denied / Government PrevailedContract Formation / ExistenceSmall Business

ASCT Group, Inc. appealed a decision regarding an implied-in-fact contract with the U.S. Army Corps of Engineers for reimbursement of materials and expenses after the termination of its prime contractor. The Board denied the appeal, finding no evidence of such a contract.

Material Facts

  • ASCT was a subcontractor to ACI on a contract with the U.S. Army Corps of Engineers for construction in Afghanistan.
  • The USACE terminated ACI for default in February 2013 due to non-payment of subcontractors.
  • ASCT filed a claim for reimbursement of materials and expenses totaling $1,898,835.40 in 2018.
  • The contracting officer awarded ASCT $78,936 for storage costs but found no evidence of an offer to purchase materials.

Parties

Appellant
ASCT Group, Inc.
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
Contract No. W5J9LE-11-C-0020
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