Derian, Inc.

Material Facts

• The government awarded Contract No. W912EF-19-C-0006 to Derian, Inc. on April 2, 2019, for $2,120,300.
• The contract included two Contract Line Items (CLINs) for the supply and installation of oil water separators and turbine pit sump pumps.
• The contract specified completion dates and included clauses for termination for convenience and liquidated damages.
• The government issued a notice of partial termination for convenience on January 17, 2020, citing the inability of Derian to complete work due to various delays.
• Derian submitted claims for additional costs and contested the government's assessment of liquidated damages.

Parties

Appellant

Derian, Inc.

Respondent Agency

U.S. Army Corps of Engineers

Contract Number

Contract No. W912EF-19-C-0006