EJB Facilities Services
EJB Facilities Services appealed a unilateral contract modification by the Navy that deleted a portion of work and reduced the contract price. The Board sustained the appeal, allowing a downward adjustment based on the contractor's proposed savings.
Material Facts
- The Navy issued unilateral Modification No. A00049, deleting Annex 10 and reducing the contract price by $1,375,833.80.
- EJB contended that the Navy should have based its deduction on actual historical costs rather than original proposal prices.
- The contract was a combination firm fixed-price/indefinite-quantity contract awarded to EJB on 1 August 2005.
- The Navy's deduction was based on EJB's original proposal prices, which the Board found inadequate for determining the deduction amount.
- EJB proposed savings of $565,215.01 based on a comparison of FISC and non-FISC supply labor hours.
Parties
- Appellant
- EJB Facilities Services
- Respondent Agency
- Department of the Navy
- Contract Number
- N44255-05-D-5103
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