Incircle Management, Inc.

October 3, 2023Judge Eyester

Denied / Government PrevailedTermination for DefaultCommercial Item

Incircle Management, Inc. appealed the termination for cause of its purchase order by the U.S. Army Corps of Engineers for failing to provide required cleaning services. The Board denied the appeal, affirming the validity of the termination.

Material Facts

The government issued request for quotations (RFQ) No. W912BV-20-Q-0046 on February 19, 2020, for cleaning services at Canton Lake, Oklahoma.
Incircle submitted a quotation based on the cleaning requirements set forth in the SOW, including Appendix A.
On March 29, 2020, USACE issued fixed-priced purchase order No. W912BV-20-P-0059 to Incircle in the amount of $58,295.60.
The purchase order incorporated by reference FAR clause 52.246-4, INSPECTION OF SERVICES – FIXED PRICE.
Incircle failed to provide contractually required services, as documented by multiple quality assurance reports from the COR.
The government issued a cure notice on June 30, 2020, citing deficiencies in Incircle's performance.
On August 14, 2020, the contracting officer terminated the purchase order for cause due to Incircle's failure to provide required services.

Parties

Appellant: Incircle Management, Inc.
Respondent Agency: U.S. Army Corps of Engineers
Contracting Agency: U.S. Army Engineer District, Tulsa
Contract Number: W912BV-20-P-0059

Open Official Decision PDF (asbca.mil)AI-analyzed, grounded in the decision text. Verify against the official PDF before relying on it.

Full Legal Analysis

Create a free account to read the complete grounded legal brief for this decision, including the holding, every issue the Board decided, quantum, verified citations, and the case's citation graph.