COSTAR III, LLC

Material Facts

• COSTAR was awarded Contract No. N62477-00-D-0085 for Base Operating Services for Naval Air Station, Patuxent River.
• The contract included a Wage Determination requiring a health and welfare rate of $2.80 per hour worked.
• COSTAR claimed reimbursement for increased health and welfare payments based on a Memorandum of Agreement and a subsequent addendum to a Collective Bargaining Agreement.
• The government argued that the increases were only allowable starting with the first option year and that the claim was barred by accord and satisfaction.
• The Board found that the claim was barred for the base year and option years but allowed it for the final five-month extension period.

Parties

Appellant

COSTAR III, LLC

Respondent Agency

Naval Facilities Engineering Command

Contract Number

N62477-00-D-0085