62164

Mountain Movers/Ainsworth-Benning, LLC

August 7, 2020Judge D'Alessandris
Denied / Government PrevailedCDA Jurisdiction

Mountain Movers/Ainsworth-Benning, LLC appealed a government motion to dismiss for lack of jurisdiction based on allegations of fraud. The Board denied the government's motion, affirming its jurisdiction over the appeal.

Material Facts

  • The government issued a task order for repairs to the Fort Peck Dam in 2014.
  • MM/AB was terminated for default due to delinquency in obtaining bonding.
  • The government rescinded the termination for default after MM/AB obtained the required bonds.
  • MM/AB filed a claim for certain work on the project in June 2019, which was partially accepted by the contracting officer.
  • The contracting officer later rescinded his final decision upon discovering purportedly fraudulent statements made by MM/AB.

Parties

Appellant
Mountain Movers/Ainsworth-Benning, LLC
Respondent Agency
United States Army Corps of Engineers
Contracting Agency
U.S. Army Engineer District, Omaha
Contract Number
W9128F-12-D-0027
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