D. J. Miller & Associates, Inc.

Material Facts

• D.J. Miller & Associates, Inc. entered into a requirements contract with the CDC under the SBA's § 8(a) program.
• The contract specified work in five contract line items (CLINs) for call management services.
• The contractor claimed damages due to the government's alleged diversion of contract work to other contractors and employees.
• The contracting officer's final decision found that the contractor was entitled to an equitable adjustment of $237,851.95 for underpayment but denied the remainder of the claim.
• The Board found no evidence that the government acted in bad faith or improperly diverted work.

Parties

Appellant

D.J. Miller & Associates, Inc.

Respondent Agency

Department of Health and Human Services

Contracting Agency

CDC

Contract Number

200-96-0016