57434

EJB Facilities Services

March 7, 2012Judge Tunks
Denied / Government PrevailedContract InterpretationAccord & Satisfaction / Release / Waiver

EJB Facilities Services appealed a denial of its claim for an equitable adjustment related to performance standards for elevator service calls under a base operating support contract. The Board denied both parties' motions for summary judgment due to disputed material facts.

Material Facts

  • EJB Facilities Services was awarded BOSC Contract No. N44255-05-D-5103 on 1 August 2005.
  • The contract was a combination firm, fixed-price/indefinite delivery, indefinite quantity (FFP/IDIQ) contract.
  • EJB initially used a subcontractor for elevator work but took it in-house in March 2009.
  • The government directed EJB to classify elevator service calls as emergencies starting on 1 May 2009.
  • EJB submitted a certified claim to the PCO on 29 June 2010, requesting a final decision.

Parties

Appellant
EJB Facilities Services
Respondent Agency
Naval Facilities Engineering Command
Contract Number
N44255-05-D-5103
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