Odyssey International, Inc.
Odyssey International, Inc. appealed the termination of its construction contract for failure to secure bonding and the government's assessment of excess reprocurement costs. The Board granted summary judgment for the government on the default termination but denied the motion regarding the reprocurement costs.
Material Facts
- On March 27, 2019, Odyssey and the government contracted for appellant to construct an air traffic control tower for an Air Force Base in North Carolina, for the amount of $19,832,000.
- The contract incorporates by reference FAR 52.228-15, PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION (OCT 2010).
- The contract provides that Odyssey submit performance and payment bonds to the government within 10 days after award.
- Odyssey was unable to secure bonding due to insufficient working capital and a potential Hub-Zone violation.
- On May 6, 2019, the CO issued a notice terminating the contract for default for failure to provide performance and payment bonds.
Parties
- Appellant
- Odyssey International, Inc.
- Respondent Agency
- U.S. Army Engineer District, Savannah
- Contract Number
- W912HN-19-C-3005
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