62503

MAC Electric Inc.

December 18, 2020Judge D'Alessandris
DismissedDelay / Disruption / SuspensionCDA Jurisdiction

MAC Electric Inc. appealed a deemed denial of a claim regarding the date of substantial completion for a task order. The Board dismissed the appeal for lack of jurisdiction, determining it was a monetary claim without a sum certain.

Material Facts

  • The Mission and Installation Contracting Command awarded Contract No. W9124-R-11-D-0214 to MAC Electric, Inc. on September 29, 2011.
  • Task Order No. W9124R-11-D-0214-0011 was awarded to MAC for $6,508,324 on September 26, 2015.
  • The task order required MAC to upgrade the HVAC system for building No. 2105 at the Yuma Proving Ground.
  • MAC contended that the government took possession of the contract work in December 2016.
  • On October 31, 2019, MAC requested a determination of substantial completion as of January 1, 2017.
  • MAC submitted a certified claim on December 23, 2019, seeking a final determination of substantial completion.
  • The government did not respond to MAC’s claim, leading to the appeal based on a deemed denial.

Parties

Appellant
MAC Electric Inc.
Respondent Agency
United States Army
Contract Number
Contract No. W9124-R-11-D-0214
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