Symbion Ozdil Joint Venture

Material Facts

• The United States Joint Contracting Command-Iraq awarded firm-fixed-price Contract No. W91GXY-06-C-0064 to Symbion on 27 June 2006.
• Contract § B-2 required lump sum unit pricing for three contract line items.
• The contract included FAR 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT.
• On 19 December 2007, Symbion submitted an uncertified request for equitable adjustment for piling work.
• On 1 February 2008, the CO terminated the remaining portion of the contract for convenience.
• Symbion filed a certified claim with the CO for a contract price increase of $10,276,587.82.
• The CO's final decision partially approved Symbion's certified claim to the extent of $2,696,819.32.

Parties

Appellant

Symbion Ozdil Joint Venture

Respondent Agency

Department of the Army

Contract Number

Contract No. W91GXY-06-C-0064