57110

Eastern New Mexico University Roswell

June 22, 2012Judge Ting
Partially SustainedContract InterpretationAccord & Satisfaction / Release / Waiver

Eastern New Mexico University - Roswell appealed a decision regarding the enforceability of a contract with the United States Air Force for paramedic training services. The Board granted the government's motion for summary judgment on the student shortfalls claim but denied it on the curriculum development and scope creep claims.

Material Facts

  • The USAF entered into a contract with ENMU-R to provide paramedic training classes.
  • ENMU-R submitted a claim based on shortfalls of students attending the classes, curriculum rewriting, and conducting additional counseling sessions.
  • The government moved for summary judgment, arguing the contract was not enforceable as an indefinite-quantity or requirements contract.
  • The contract included no minimum quantity of supplies and services by which the government was bound.
  • ENMU-R submitted a $835,190.50 Request for Equitable Adjustment (REA) after the contract ended.

Parties

Appellant
Eastern New Mexico University - Roswell
Respondent Agency
United States Air Force
Contract Number
FA9401-06-T-0035
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