Phoenix Management, Inc.

April 8, 2015Judge Freeman

Denied / Government PrevailedSuperior KnowledgeAccord & Satisfaction / Release / Waiver

Phoenix Management, Inc. appealed a contracting officer's final decision denying its claims for declaratory relief and equitable price adjustment regarding the government's failure to disclose superior knowledge and defective estimates. The Board denied the government's motion for summary judgment, finding genuine issues of material fact.

Material Facts

Contract 0019 was awarded to PMI on 26 September 2012 for operating services at Homestead Air Reserve Base.
The contract included a firm-fixed-price CLIN for the operation of Real Property Maintenance at $39,241 per month.
PMI alleged that the government failed to disclose that most fire systems were proprietary and could only be serviced by authorized firms.
PMI submitted a claim for declaratory relief and equitable adjustment due to the government's failure to maintain fire systems to industry standards.
The contracting officer denied PMI's claim, stating that PMI was required to perform inspections and maintenance under the contract.

Parties

Appellant: Phoenix Management, Inc.
Respondent Agency: Air Force
Contract Number: FA6648-12-C-0019

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