Optex Systems, Inc.

Material Facts

• The government awarded Contract No. W52H09-06-D-0229 to Optex for the production of Aiming Circles.
• Optex incurred costs related to changes in the Technical Data Package (TDP) during production.
• The government executed Modification No. P00002 to the contract, which included waiver language.
• Optex submitted a request for equitable adjustment citing increased costs due to changes in the TDP.
• The Contracting Officer denied Optex's claim, stating that Optex should have anticipated the costs.

Parties

Appellant

Optex Systems, Inc.

Respondent Agency

Department of the Army

Contract Number

W52H09-06-D-0229