Teresa A. McVicker, P.C.

August 16, 2012Judge Delman

Partially SustainedContract InterpretationAccord & Satisfaction / Release / WaiverSmall Business

Teresa A. McVicker, P.C. appealed against the Department of the Army for breach of contract, while the government sought to recoup alleged improper payments. The Board sustained the appellant's claim and denied the government's claim.

Material Facts

The contract was a firm fixed-price personal services contract awarded to TAMPC to provide services at Walter Reed Army Medical Center.
The government sought to hire incumbent contractor personnel as federal employees before awarding the contract to TAMPC.
The contracting officer's representative (COR) informed TAMPC that the two physician assistants were no longer their employees shortly after the contract began.
The COR's actions effectively removed the contract line item for physician assistant services from TAMPC's contract without proper authorization.
TAMPC filed a certified claim for breach of contract on 24 November 2009, seeking $150,000 in damages.
The government issued a partial termination of the contract on 22 January 2010, which was effective 10 October 2009.

Parties

Appellant: Teresa A. McVicker, P.C.
Respondent Agency: Department of the Army
Contract Number: W91YTZ-10-C-0004

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