Contrack International, Inc.

Material Facts

• The government issued Task Order 0008 under Contract No. W912ER-04-D-0003 to CII for construction of an ammunition supply point at Bagram Airfield, Afghanistan.
• The government awarded Contract No. W917PM-04-C-0007 to CII for design, construction and rehabilitation of the runway at Kandahar Airfield, Afghanistan.
• CII and the government reached claim settlement agreements for price increases of $1,750,000 for Task Order 0008 and $7,300,000 for Contract 0007, subject to the availability of funds.
• Partial payments were made by the government on the settlement agreements, with interest starting on the balances due on both agreements from 1 November 2007.
• CII submitted certified claims to the contracting officer under the Contract Disputes Act for the unpaid balances due on the settlement agreements plus accrued interest.
• CII appealed the deemed denial of the claims to the Board on 31 October 2008.
• The government moved to dismiss the appeals, asserting that CII had waived its rights to further interest.

Parties

Appellant

Contrack International, Inc.

Respondent Agency

U.S. Army Engineer District, Middle East

Contract Number

W912ER-04-D-0003