63052

Fidelity and Deposit Company of Maryland

May 24, 2022Judge McIlmail
DismissedContract Formation / ExistenceCDA Jurisdiction

Fidelity and Deposit Company of Maryland appealed a government motion to dismiss for lack of jurisdiction, asserting standing as a surety. The Board dismissed the appeal, finding no privity of contract at the time the claim accrued.

Material Facts

  • In 2013, the government contracted with ECC CENTCOM for housing quarters for the United States Navy in Bahrain.
  • The government issued Modification No. 16 on December 29, 2015, to change the sewer system.
  • The government terminated ECC's contract for default on April 19, 2016.
  • On July 19, 2016, the government and F&D entered into a takeover agreement for ECC's contract.
  • F&D presented a certified claim for $177,621.82 to the contracting officer on March 25, 2021.

Parties

Appellant
Fidelity and Deposit Company of Maryland
Respondent Agency
U.S. Army Engineer District, Middle East
Contract Number
W912ER-11-D-0010-0006
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