57509

ABB AB

April 12, 2012Judge Tunks
Denied / Government PrevailedOther

ABB AB appealed a deemed denial of its claim for equitable adjustments under the War Risks and Changes clauses of its contract with the Joint Contracting Command-Iraq. The Board denied both parties' motions for partial summary judgment due to disputed material facts.

Material Facts

  • The JCC-I issued request for proposals for services necessary for the expansion of the Mosul 400kV Substation.
  • ABB contracted with Shams AI-Sabah to provide security for the project.
  • The government amended the RFP to include a War Risks clause.
  • ABB submitted a request for an equitable adjustment under the War Risks clause for increased security costs.
  • The Contracting Officer responded to ABB's request, disagreeing with ABB's assertion of increased security levels.
  • ABB submitted a certified claim for $3,034,860.08 to the Contracting Officer.
  • The Board found at least three issues of disputed material fact.

Parties

Appellant
ABB AB
Respondent Agency
Joint Contracting Command-Iraq
Contract Number
W91GXY-06-C-0025
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