BYA International, LLC
BYA International, LLC appealed the termination of its contract for default and sought an equitable adjustment related to construction issues. The Board granted the government's motion for summary judgment, denying the appeal.
Material Facts
- The contract was awarded by the U.S. Army Corps of Engineers to BYA International, LLC for the firm fixed-price of $33,669,974.75 on 21 January 2010.
- The contract included clauses FAR 52.233-1, FAR 52.243-4, and FAR 52.249-10.
- The contract required CMU exterior walls, and BYA sought to use Pre-Engineered Metal Building Systems instead.
- The government rejected BYA's proposed use of PEB systems for exterior walls as noncompliant.
- The government terminated the Gardez contract for default on 20 February 2012.
Parties
- Appellant
- BYA International, LLC
- Respondent Agency
- U.S. Army Engineer District, Middle East
- Contracting Agency
- U.S. Army Corps of Engineers
- Contract Number
- W5J9JE-10-C-0010
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