58288

Jaynes Corporation

February 15, 2013Judge Tunks
Sustained / Appellant PrevailedContract Interpretation

Jaynes Corporation appealed for an equitable adjustment of $51,358 for providing a Level 5 finish instead of a Level 4 finish as required by the contract. The Board sustained the appeal, determining that the government's interpretation of the contract was incorrect.

Material Facts

  • The government awarded a firm-fixed price contract to Jaynes for a design build contract for an Unmanned Aircraft System Flight Simulator and Academics Facility.
  • The contract amount was $5,806,407.
  • The RFP specified that the criteria were binding contract criteria.
  • Jaynes edited the specifications to delete the Level 5 finish requirement.
  • The project engineer directed Jaynes to add the Level 5 finish back into the design.
  • Jaynes submitted a change order for $51,358 for providing a Level 5 finish.
  • The contracting officer issued a final decision denying the claim.
  • Jaynes appealed the deemed denial to the Board.

Parties

Appellant
Jaynes Corporation
Respondent Agency
U.S. Army Engineer District, Los Angeles
Contract Number
W912PL-09-C-0009
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