U.S. Pan American Solutions, LLC

August 5, 2021Judge Clarke

Denied / Government PrevailedTermination for DefaultSmall BusinessCommercial Item

U.S. Pan American Solutions, LLC appealed the Army's termination for cause of their contract, claiming confusion over the appeal period. The Board denied the Army's motion to dismiss, finding the appeal timely due to confusion caused by the government's actions.

Material Facts

The government awarded Contract No. W911S2-19-P-2528 to Pan Am to provide commercial privacy screens for computer monitors.
The Contract was a 100% Small Business set-aside, firm-fixed-price contract with a total price of $77,147.00.
Pan Am failed to deliver the privacy screens by the required date of October 25, 2019.
The government issued a Show Cause Notice on January 29, 2020, for failure to deliver.
On May 8, 2020, the contracting officer signed a Determination to Terminate for Cause due to failure to deliver.
The termination notice included appeal rights but had an erroneous header referring to termination for convenience.
On May 13, 2020, a corrected termination memo was sent to Pan Am, clarifying the termination was for cause.
Pan Am filed a notice of appeal on August 7, 2020, 86 days after receiving the corrected termination memo.

Parties

Appellant: U.S. Pan American Solutions, LLC
Respondent Agency: Department of the Army
Contract Number: W911S2-19-P-2528

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