63325-PET

ANHAM FZCO

August 19, 2022Judge Thrasher
Sustained / Appellant PrevailedTermination for ConvenienceCommercial Item

ANHAM FZCO petitioned the ASBCA for a directive to the contracting officer regarding the issuance of a final decision on a claim for damages. The Board found the government's proposed timeline for issuing a decision to be unreasonable and directed a new deadline.

Material Facts

  • ANHAM entered into Contract No. SPM300-12-D-3571 in 2012 as a subsistence prime vendor in Afghanistan.
  • In 2020, a subsequent contract was awarded, extending the term of the fixed-price, commercial-item, Indefinite Delivery, Indefinite Quantity contract through April 2025.
  • On March 21, 2022, ANHAM submitted a certified claim for $34,025,193 for damages due to the alleged constructive termination of the contract.
  • The government indicated it would not issue a final decision until April 20, 2023, citing the complexity of the claim and internal staffing issues.
  • The Board found the government's proposed decision date unreasonable and directed the contracting officer to issue a decision by December 16, 2022.

Parties

Appellant
ANHAM FZCO
Contracting Agency
DLA Troop Support
Contract Number
SPM300-20-D-4059
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