58379

Bluebird Communications, Inc.

July 16, 2013Judge Clarke
Denied / Government PrevailedContract InterpretationFailure to Prosecute / Dismissal

Bluebird Communications, Inc. appealed the denial of its claim for reformation based on mutual mistake regarding its contract for cable television services. The Board granted the government's motion for summary judgment, denying the appeal.

Material Facts

  • On 1 July 2003, the 99th Contracting Squadron issued Solicitation No. F26600-03-R-B009 for cable television services.
  • On 1 September 2004, Bluebird was awarded Contract No. FA4861-04-C-B004.
  • The contract required Bluebird to construct, install, operate, and maintain a cable television system.
  • Bluebird submitted a request for an equitable contract adjustment and reformation of the contract on 2 April 2012.
  • The contracting officer issued a final decision denying Bluebird's certified claim on 31 July 2012.
  • Bluebird filed a notice of appeal with the Board on 31 October 2012.

Parties

Appellant
Bluebird Communications, Inc.
Respondent Agency
Air Force
Contract Number
FA4861-04-C-B004
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