Valley Apparel, LLC

April 10, 2012Judge James

Denied / Government PrevailedContract Interpretation

Valley Apparel, LLC appealed a contracting officer's decision denying its claim for additional costs under an indefinite quantity contract for parkas, asserting that the government's orders did not conform to anticipated sizes, requiring more material than expected. The Board granted the government's cross-motion for summary judgment, denying Valley's claim.

Material Facts

The contract was an indefinite quantity contract for the supply of various sizes of parkas.
Valley submitted a claim alleging that the government's orders failed to conform to the anticipated percentage of each size of parka.
The solicitation included a size tariff that depicted anticipated ordering percentages but did not guarantee them.
The contracting officer denied Valley's adjustment request, stating no monetary consideration was due since size changes were not issued against the orders.
Valley claimed that the government constructively changed the contract by not ordering parkas in accordance with the size tariff.

Parties

Appellant: Valley Apparel, LLC
Respondent Agency: DLA Troop Support
Contract Number: SPM1C1-08-D-1029

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