No Recovery For Contractor That Failed To Submit F.A.R.-Mandated Settlement Proposal

Monday, May 28, 2018 7:11 am
June 2018 - Volume 40 Number 6

Contract Termination

Appeal of: Abdul Khabir Constr. Co., 2018 ASBCA Lexis 98 (April 6, 2018)

A contractor waited seven years to appeal a convenience termination. The Armed Services Board of Contract Appeals ruled that was too long because of a one-year deadline in the contract.

In April 2009, the Kabul Regional Contracting Center (government) awarded a $640,000 contract to Abdul Khabir Construction Co. (Abdul Khabir) for the construction of living quarters, office buildings, and support facilities at a military base in Baylough, Zabul Province, Afghanistan.

The contracting officer (CO) issued a notice to proceed on the project in July 2009. This notice specifically stated that Abdul Khabir was to “complete all requirements of this project within 120 calendar days of the [notice’s] effective date” but no later than November 14, 2009.

Abdul Khabir had not performed any work on the contract by January 2010. On January 14[..]