57790

Triad Logistics Services Corporation

June 20, 2012Judge James
OtherAccord & Satisfaction / Release / WaiverCDA JurisdictionCommercial Item

Triad Logistics Services Corporation appealed the denial of its request for equitable adjustment (REA) related to a contract for aircraft servicing, claiming a constructive change due to undisclosed workload increases. The Board denied the government's motion to dismiss for lack of jurisdiction but denied both parties' motions for summary judgment.

Material Facts

  • Triad Logistics Services Corporation submitted a request for equitable adjustment on 3 May 2011.
  • The contracting officer denied the REA on 8 August 2011, stating there was no constructive change to the contract requirements.
  • Triad's REA claimed an upward adjustment of $51,340.15 for increased workload due to servicing 1,866 aircraft arrivals and departures, exceeding the estimated 1,440.
  • The contract did not include a Variation in Quantity clause or specify a maximum number of aircraft servicings.

Parties

Appellant
Triad Logistics Services Corporation
Respondent Agency
Department of the Air Force
Contract Number
FA2517-10-P-6033
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