Appeal of a termination for cause is denied. The agency terminated a contract for carpet installation. The board found the termination was justified. Photographic evidence clearly showed numerous flaws—visible seams, sloppily applied glue—with the carpet installation.
John’s Tile and Carpet had contract with the Navy to install new carpet tiles at a base. When Jon’s finished the project, the CO and base’s safety supervisor inspected the work. They found numerous problems, including carpet not attached to the floor, glue on the carpet, visible seams, and discoloration. The CO issued a cure notice, requiring John’s fix the problems.
After John’s claimed to have fixed the issue, the base safety inspector conducted another inspection with John’s owner. She was still not satisfied. She yelled at John’s owner and said he would not get paid because she was not satisfied with the work. She ordered John’s owner to leave the base. Shortly thereafter, John’s contract was terminated for cause, John’s appealed the termination to the ASBCA.
The ASBCA denied the appeal. The government had met its burden by showing that the termination was justified. Photographic evidence clearly showed that the work was defective and was not performed as required by the contract.
John’s Tile and Carpet is represented by its owner John Newsome. The government is represented by Craig D. Jensen and Andrew N. Christopher of the Navy.ASBCA - John's Tile