Kellogg Brown & Root Services, Inc.

Material Facts

• The Army awarded KBR a cost-type services contract for mission-essential support services in wartime and other operations.
• Task Order 59 was a cost-plus-award-fee task order requiring logistical and life-support tasks in support of Operation Iraqi Freedom.
• KBR entered into a master agreement with KCPC/Morris for dining-facility services at locations throughout Kuwait and Iraq.
• KBR terminated KCPC/Morris's work releases for default on 31 July 2003 after issuing a show cause notice.
• KCPC/Morris disputed the termination and demanded compensation for lost construction costs and other relief.
• KCPC/Morris continued providing temporary dining-facility arrangements during the transition to a new subcontractor until 12 September 2003.
• KBR converted the default termination to a termination for convenience effective 31 July 2003.
• KBR withdrew its 2008 certified claim, and the contracting officer had not issued a decision on that claim.
• The 2012 claim sought costs associated with construction, meals served, overhead and G&A, profit, and termination settlement proposal resolution costs.
• The contracting officer did not render a decision on the 2012 claim.

Parties

Appellant

Kellogg Brown & Root Services, Inc.

Respondent Agency

Army

Contracting Agency

Army

Contract Number

DAAA09-02-D-0007