58063

Delta Engineering, Inc.

March 18, 2014Judge Peacock
Partially SustainedContract InterpretationAccord & Satisfaction / Release / Waiver

Delta Engineering, Inc. appealed a decision regarding an implied-in-fact contract with the Washington Metropolitan Area Transit Authority (WMATA). The Board found it had jurisdiction over the implied contract claims but dismissed certain allegations related to legal advice and punitive damages.

Material Facts

  • Delta is an engineering and manufacturing business incorporated in Maryland.
  • WMATA operates a mass-transit system and was created by an interstate compact.
  • Delta supplied minor products to WMATA since 2001 and was involved in discussions about manufacturing friction rings in 2007.
  • WMATA issued a purchase order to Delta for 100 friction rings at $900 per ring.
  • Delta claims WMATA promised it would be eligible to compete for future contracts if the rings were acceptable.
  • Delta manufactured and delivered 36 friction rings to WMATA, which were reportedly well-received.
  • Delta submitted a bid for a subsequent contract but was informed it would not be awarded the contract due to a policy change.

Parties

Appellant
Delta Engineering, Inc.
Respondent Agency
Washington Metropolitan Area Transit Authority
Contract Number
0000017897
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