Thorington Electrical and Construction Company

Material Facts

• The government awarded Contract No. FA3300-05-C-0015 to the appellant on 30 September 2005 for the construction of a new entry control facility.
• The contract was a firm fixed-price contract for the amount of $825,288.
• The contract included various standard clauses by reference, including FAR 52.243-4, Changes.
• The appellant submitted a certified claim for $764,813, which included a sub-claim for increased asphalt costs of $110,956.
• The contracting officer determined that the contract did not contain the Economic Price Adjustment clause and offered a compromise settlement of $26,635.83, which the appellant did not accept.

Parties

Appellant

Thorington Electrical and Construction Company

Respondent Agency

Department of the Air Force

Contracting Agency

Department of the Air Force

Contract Number

FA3300-05-C-0015