Teledyne Brown Engineering, Inc.

Material Facts

• The Army awarded Teledyne Contract No. W911SR-04-D-0011 as a multiple award task order contract for engineering, development, technical management, and administrative support.
• The contract provided for negotiation of task orders on a cost-plus-fixed-fee basis and incorporated FAR 52.232-22, LIMITATION OF FUNDS.
• The Army issued Task Order 0009 on a cost-plus-fixed-fee basis for advanced design and manufacturing division support.
• Task Order 0009 required engineering, design, fabrication, development, operations, testing, and fielding support for systems and equipment.
• Task Order 0009 did not state whether it was a completion form task order or a term form task order.
• The parties executed bilateral modifications that increased or decreased funding, set forth change orders, and ultimately allocated cost, fixed fee, and performance time through 29 July 2011.
• Modification No. 01 required Teledyne to produce 360 Long Zee Plates by 14 January 2010.
• Teledyne’s Vice-President declared that Teledyne completed delivery of each requested item and timely completed its work by 29 July 2011.
• Teledyne’s Vice-President declared that the Army expressed no dissatisfaction with the deliverables or quality of labor and accepted each delivery without complaint.
• Teledyne submitted a certified claim for additional fixed fee funding after the contracting officer did not render a decision for almost a year.
• The government filed its summary-judgment motion before filing its answer, and the record did not reflect that discovery had occurred.

Parties

Appellant

Teledyne Brown Engineering, Inc.

Respondent Agency

U.S. Army Contracting Command, Aberdeen Proving Ground

Contracting Agency

U.S. Army Contracting Command, Aberdeen Proving Ground

Contract Number

W911SR-04-D-0011