Joe Phillips
Joe Phillips appealed the contracting officer's denial of his claim for breach of a firm fixed-price requirements contract. The Board sustained the appeal, awarding Phillips $160,612.47 in damages.
Material Facts
- The government awarded Contract No. DAKF10-01-D-0015 to Joe Phillips for rental and servicing of portable chemical latrines and handwash stations.
- The contract was a firm fixed-price requirements contract with no stated minimum or maximum.
- The government conceded entitlement, and the only remaining issue was quantum.
- The Board found that Phillips had extensive prior experience as a government contractor.
- The government awarded four contracts to third-party contractors for similar services during the performance of Phillips' contract.
- The Board determined that Phillips would have incurred additional costs had he performed the diverted work.
Parties
- Appellant
- Joe Phillips
- Respondent Agency
- Department of the Army
- Contract Number
- DAKF10-01-D-0015
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Issues Presented
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Quantum & Recovery
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