Symetrics Industries, LLC

May 27, 2015Judge Hartman

Sustained / Appellant PrevailedContract InterpretationAuthority of Government Agents

Symetrics Industries, LLC sought additional compensation for components ordered by the Air Force in excess of contract-period maximum quantities and paid at the lower prices applicable to those periods. On cross-motions for summary judgment, the Board denied the government's motion and granted Symetrics's cross-motion for partial summary judgment on liability, holding that subsequent exercise of the options and acceptance and payment of the excess quantities ratified the earlier unauthorized orders and required payment at the applicable option prices.

Material Facts

The Air Force awarded Symetrics an Indefinite Delivery/Indefinite Quantity contract to produce components of the Countermeasure Dispenser System.
The contract contained a base period and four option periods, and individual component CLINs had maximum quantities and quantity-range unit prices.
The contract stated that the Government may order the maximum quantity under each line item.
The parties agreed that the Air Force ordered quantities exceeding the applicable contract-period maximums on twelve occasions involving five components.
Symetrics supplied all quantities ordered by the Air Force in excess of the contract-period maximums.
The Air Force later exercised all options for all individual components and CLINs.
The Air Force paid Symetrics for the excess quantities at the prices applicable during the periods in which the stated maximum quantities were reached.
The contracting officer knew the number of components ordered by the Air Force.

Parties

Appellant: Symetrics Industries, LLC
Respondent Agency: Department of the Air Force
Contracting Agency: Department of the Air Force
Contract Number: FA8540-06-D-0002

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