NES Pacific Limited Liability Co.
NES Pacific Limited Liability Co. appealed a government rejection of switchgear delivery due to COVID-19 delays. The ASBCA sustained the appeal, finding the rejection improper.
Material Facts
- The contract was a firm fixed price contract.
- Switchgear was ordered timely and manufactured to meet contract specifications.
- Delivery was delayed due to a labor shortage caused by COVID-19.
- The Air Force rejected the switchgear delivered 16 days after the contract completion date.
- Modification No. P00008 was issued five months prior to the late delivery.
Parties
- Appellant
- NES Pacific Limited Liability Co.
- Respondent Agency
- Air Force
- Contract Number
- FA5270-17-D-0012
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.
Holding & Legal Reasoning
The Board's holding, background, and procedural posture for this decision.
Issues Presented
Every issue the Board decided, with its determination, reasoning, and supporting authority.
Quantum & Recovery
The claimed, awarded, and net dollar amounts at issue, itemized where the record supports it.
Verified Authorities & Citations
Every cited FAR, DFARS, CAS, and case-law authority, cross-checked against the source text.
Practitioner Takeaways
Practical guidance for contractors and counsel, distilled from the Board's ruling.
Similar Cases
Related decisions surfaced by semantic search across the full analyzed corpus.
Citation Graph
An interactive graph of this case's cited authorities, judge, agency, and related decisions.
Related Decisions
Same Judge
- US Military CorpNo. 64321September 24, 2026
- Dashti Sanat Logistics and General ContractingNo. 63643August 11, 2026
- Warrior Construction Services, Inc.No. 64497August 7, 2026
- MPG WestNo. 61100-ADR, 61560-ADR, 61570-ADRJuly 24, 2026
- Constellation NewEnergy, Inc.No. 63773-ADR, 63831-ADR, 63853-ADR, 63854-ADR, 63855-ADR, 63856-ADR, 63857-ADRJune 22, 2026
- NES Pacific Limited Liability Co.No. 63710-EAJAJune 16, 2026
Same Year
- Globe Trailer Manufacturing, Inc.No. 60979December 30, 2025
- Kallidus TechnologiesNo. 61377, 61976December 18, 2025
- Warfighter Defense, Inc.No. 63908, 63909December 11, 2025
- Targe Logistic Services CompanyNo. 63282December 10, 2025
- K2 Solutions, Inc.No. 62768December 9, 2025
- Paragon Defense Solutions, Inc.No. 64307December 8, 2025
Same Issue
- Huffman Construction, LLCNo. 62591, 62783September 30, 2026
- Scot Cardillo dba Engineers Tooling SupportNo. 61612September 22, 2026
- Hensel Phelps Construction CompanyNo. 64327September 14, 2026
- Hensel Phelps Construction Co.No. 63316, 63397, 63398August 28, 2026
- Relyant Global LLCNo. 64032, 64111, 64230, 64231, 64517August 24, 2026
- Marine Hydraulics International, LLCNo. 63429, 63511August 6, 2026