PGDC/Teng Joint Venture

April 22, 2010Judge Delman

Denied / Government PrevailedContract InterpretationSuperior KnowledgeAccord & Satisfaction / Release / WaiverSmall Business

PGDC/Teng Joint Venture appealed the denial of its claim for contract reformation regarding ductbank requirements under Contract No. W912HN-06-C-0064. The Board granted the government's motion for summary judgment, denying the appeal.

Material Facts

The government issued a firm, fixed-price request for proposal (RFP) for the design and construction of the Battle Equipment Testing Facility Relocation at Fort Gordon, GA.
The RFP specified that new ductlines shall be 6-way, 4-inch ducts and shall be concrete encased.
Teng submitted a proposal that did not include a dollar amount for the off-site communications ductlines.
After discussions with the government, Teng submitted a revised proposal that deviated from the RFP specifications.
A dispute arose over the ductbank requirements, with the government insisting on the original specifications.
Teng submitted a certified claim to the CO for $578,567 to install the required ductbank system, asserting a clerical error.
The CO denied the claim, leading to this appeal.

Parties

Appellant: PGDC/Teng Joint Venture
Respondent Agency: U.S. Army Engineer District, Savannah
Contract Number: W912HN-06-C-0064

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