QAF Technologies, Inc. ( 2019 )

ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeal of -- )
)
QAF Technologies, Inc. ) ASBCA No. 61875)
Under Contract No. M67004-l 7-P-l 071 )
APPEARANCES FOR THE APPELLANT: Theodore P. Watson, Esq.
Cheryl Emerson Adams, Esq.
Watson & Associates. LLC
Aurora, CO
APPEARANCES FOR THE GOVERNMENT: Craig D. Jensen, Esq.
Navy Chief Trial Attorney
Nicole R. Best, Esq.
Trial Attorney
OPINION BY ADMINISTRATIVE JUDGE SHACKLEFORD
On September 30. 2017. the Department of the Navy. United States Marine
Corps. Blount Island Command (USMC or government) awarded Contract
No. M67004-l 7-P-l 071 (the contract) to QAF Technologies, Inc. (QAF or appellant).
The contract was for delivery of dry freight and refrigerated cargo containers.
The contract incorporated by full text Federal Acquisition Regulation
(FAR) 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS
(JAN 2017).
By letter dated September 21, 2018, the contracting officer terminated the
contract for cause for QAF's failure to deliver the containers by the delivery date
required by the contract. QAF timely appealed the decision by notice dated
November 12, 2018, to the Armed Services Board of Contract Appeals (ASBCA or
Board). The appeal was docketed as ASBCA No. 61875.
The parties have settled their dispute and have jointly requested that the Board
issue a decision incorporating the terms of their agreement as set forth in their
March 25, 2019 "RULE 19(d) STIPULATION AND JOINT MOTION FOR ENTRY
OF CONSENT JUDGMENT."
In accordance with Board Rule l 9(d) of the ASBCA and the stipulation of the
parties. it is the Board's decision. in the nature of a consent judgment, that:
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I) The termination for cause is converted to a no-cost termination for
convenience of the government;
2) The Board makes no (zero) monetary award to appellant;
3) Any claim for termination costs or other costs associated with or arising out
of the contract by appellant is waived.
Dated: April 10, 2019 +/J-~-------
~i/ _:_Wl
RICHARD SHACKLEFORD
Administrative Judge
Acting Chairman
Armed Services Board
of Contract Appeals
I concur I concur
OWEN C. WILSON ALEXANDER YO
Administrative Judge Administrative Judge
Vice Chairman Armed Services Board
Armed Services Board of Contract Appeals
of Contract Appeals
I certify that the foregoing is a true copy of the Opinion and Decision of the
Armed Services Board of Contract Appeals in ASBCA No. 61875, Appeal of QAF
Technologies, Inc., rendered in conformance with the Board's Charter.
Dated:
JEFFREY D. GARDIN
Recorder, Armed Services
Board of Contract Appeals
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