56831

Tekkon Engineering Co., Ltd.

October 1, 2010Judge James
Denied / Government PrevailedCost Allowability / Allocability (FAR 31)Contract InterpretationAccord & Satisfaction / Release / WaiverDCAA Involved

Tekkon Engineering Co., Ltd. appealed a deemed denial of claims related to a government contract, seeking adjustments for increased costs and currency fluctuations. The Board granted the government's motion for partial summary judgment, denying Tekkon's claims.

Material Facts

  • Tekkon Engineering Co. was awarded Contract No. W914NS-04-D-0147 for aluminum sulfate containers and chlorine gas cylinders.
  • Tekkon requested a price adjustment under contract 0147 due to increased transportation costs and currency devaluation.
  • Bilateral Modification No. P00002 to contract 0147 added an Economic Price Adjustment (EPA) clause.
  • Contract No. W91GY1-06-D-0002 was a firm fixed-price, IDIQ contract with a minimum amount of $3,000,000 and a maximum amount of $19,000,000.
  • Tekkon submitted claims for increased transportation costs and currency fluctuations under contract 0002.
  • The CO denied Tekkon's claims except for a small amount for increased transportation costs.

Parties

Appellant
Tekkon Engineering Co., Ltd.
Respondent Agency
Department of the Army
Contract Number
W91GY1-06-D-0002
Open Official Decision PDF (asbca.mil)AI-analyzed, grounded in the decision text. Verify against the official PDF before relying on it.

Full Legal Analysis

Create a free account to read the complete grounded legal brief for this decision, including the holding, every issue the Board decided, quantum, verified citations, and the case's citation graph.

Holding & Legal Reasoning

The Board's holding, background, and procedural posture for this decision.

Issues Presented

Every issue the Board decided, with its determination, reasoning, and supporting authority.

Quantum & Recovery

The claimed, awarded, and net dollar amounts at issue, itemized where the record supports it.

Verified Authorities & Citations

Every cited FAR, DFARS, CAS, and case-law authority, cross-checked against the source text.

Practitioner Takeaways

Practical guidance for contractors and counsel, distilled from the Board's ruling.

Similar Cases

Related decisions surfaced by semantic search across the full analyzed corpus.

Citation Graph

An interactive graph of this case's cited authorities, judge, agency, and related decisions.

Related Decisions

Same Judge

Same Year

Same Issue

Newsletter

New decisions every Monday

GovConDash Weekly lists the decisions GAO, the boards, the courts and SBA OHA released that week, alongside the FAR Overhaul deviations and proposed rules that reach every contractor. Free.

Free, weekly, and one click to unsubscribe. We send a confirmation email first. See our Privacy Policy.