Kellogg Brown & Root Services, Inc.

June 22, 2012Judge Freeman

Denied / Government PrevailedContract Interpretation

The government sought reconsideration of the Board’s decision denying both parties’ motions for summary judgment in a dispute over whether the contract categorically prohibited Kellogg Brown & Root Services, Inc. from using private armed security companies. The Board rejected reconsideration and affirmed its prior decision.

Material Facts

The appeal arose under Contract No. DAAA09~02-D-0007.
The contract contained Special Provisions H-13, H-16, and H-21.
The contract concerned a logistical support mission involving force protection.
The government asserted that the contract categorically prohibited use of private armed security companies without the government’s express permission.
The government relied on post-award evidence to support its asserted interpretation of the contract.
A KBRS contract manager requested authorization for KBRS to issue or procure weapons and ammunition for its security force until appropriate security support was provided.
The security force referenced in that request consisted of KBRS employees who would be screened by KBRS.
The Board’s 2 April 2012 decision denied both parties’ motions for summary judgment.

Parties

Appellant: Kellogg Brown & Root Services, Inc.
Contract Number: DAAA09~02-D-0007

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