57400

MCC Construction Corporation

July 16, 2012Judge Tunks
Sustained / Appellant PrevailedContract InterpretationAccord & Satisfaction / Release / WaiverSmall Business

MCC Construction Corporation appealed a denial of its claim regarding the interpretation of 'subsequent contracting opportunities' under the Small Business Competitiveness Demonstration Program Act. The Board sustained the appeal, determining that the government breached the contract by restricting competition to small businesses.

Material Facts

  • MCC was awarded a multiple award task order contract (MATOC) for maintenance, repair, construction, and design-build services.
  • The solicitation was unrestricted, and MCC was one of 13 contractors awarded a MATOC.
  • The government issued task orders under the MATOC, but restricted some to small business concerns after failing to meet small business participation goals.
  • MCC requested the contracting officer to withdraw the small business set-aside requirement and was denied.
  • MCC submitted a certified claim requesting compensation for the loss of revenue due to exclusion from competition.

Parties

Appellant
MCC Construction Corporation
Respondent Agency
Department of the Army
Contract Number
W912LA-08-D-0019
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