Appeal of a default termination is denied. The contractor alleged that its delay in performing was excusable due to the COVID-19 pandemic. But the board found no evidence that the pandemic had actually impacted performance. Indeed, a significant amount of delay occurred before the pandemic hit in March 2020.
The Air Force awarded a contract to Central Company in September 2019. The contract was for the design and construction of a storage facility. The work was supposed to be completed by May 2020.
By March 2020, however, Central had made little progress on the contract. Indeed, it had submitted only one design document and that submission had been rejected. By May 2020, Central had not still made progress. The Air Force terminated the contract for default. Central appealed the termination to the ASBCA
Central argued that its delay should be excused due to the COVID-19 pandemic. Central had claimed that one its employees had tested positive for the virus, it’s supplier had shut down, and that it had to business with its bank over the phone. The board, however, found that there was no evidence in the record that any of these issues actually impeded performance. In fact, the record showed that much of the delay on the project occurred before the pandemic hit in March 2020.
Central is represented by Chris Yang. The government is represented by Jeffrey P/ Hildebrant, Jason R. Smith, Lori R. Shapiro, and Lieutenant Colonel John C. Degnan.
