56831

TEKKON Engineering Co., Ltd.

November 1, 2011Judge Grant
Partially SustainedContract InterpretationAccord & Satisfaction / Release / Waiver

TEKKON Engineering Co., Ltd. appealed a government motion for partial summary judgment regarding additional costs incurred under a contract for supplying water treatment chemicals in Iraq. The Board granted the motion in part and denied it in part.

Material Facts

  • TEKKON was awarded Contract No. W91GYI-06-D-0002 for the supply and delivery of water treatment chemicals and cylinders of chlorine gas for the Iraqi Ministry of Municipalities and Public Works.
  • The contract was a firm fixed-price, indefinite-quantity indefinite-delivery contract with a minimum of $3 million and a maximum of $19 million.
  • TEKKON incurred costs due to denied access at the Al Waleed border and an embargo on chlorine cylinders from Jordan.
  • The government agreed that TEKKON incurred certain expenses related to customs fees, demurrage, and expenses for drivers in prison.

Parties

Appellant
TEKKON Engineering Co., Ltd.
Respondent Agency
Department of the Army
Contract Number
W91GYI-06-D-0002
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