Passaran Noori Construction Company

July 29, 2021Judge Paul

Denied / Government PrevailedStatute of Limitations / Timeliness

Passaran Noori Construction Company appealed a contracting officer's decision to terminate its contract with the U.S. Army for convenience, claiming the termination was untimely. The Board granted the government's motion for summary judgment, ruling the claim was barred by the statute of limitations.

Material Facts

The Kabul Regional Contracting Center awarded Contract No. W91B4M-07-C-7144 to PNCC on August 9, 2007.
The contract was for a fixed-price amount of $567,037.51 and encompassed phase 3 of minor construction at Camp Phoenix.
There is no evidence that appellant commenced work on the project.
The contracting officer informed appellant of his intent to terminate the contract in October 2009.
The contract was terminated for convenience on April 19, 2010, with a final decision issued that informed appellant of its appeal rights.
Appellant filed a certified claim on July 22, 2020, acknowledging the CO's decision to terminate the contract.
The contracting officer rejected appellant's claim in a final decision issued on October 26, 2020, citing the expiration of the statute of limitations.

Parties

Appellant: Passaran Noori Construction Company
Respondent Agency: U.S. Army
Contract Number: W91B4M-07-C-7144

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