DynPort Vaccine Company LLC

January 15, 2015Judge James

OtherCDA JurisdictionContract Changes / Constructive ChangesContract Interpretation

DynPort Vaccine Company LLC appealed a unilateral contract modification directing it to perform technology-transfer work at no cost to the government under the contract's inspection clause. The Board denied the government's motion to dismiss, held that the modification asserted a government claim, and directed the government to file a complaint.

Material Facts

The contract was a cost-reimbursement, cost-sharing, award-fee research and development type contract for vaccine and biological defense-product development.
The contract incorporated FAR 52.233-1 and FAR 52.246-8.
DynPort terminated Lonza Hopkinton, Inc. for default with respect to botulinum antigens under CLIN 0016.
DynPort proposed adding FUJIFILM Diosynth Biotechnologies, U.S.A., LLC to complete specified manufacturing, testing, and technology-transfer work.
The parties disputed whether the proposed technology-transfer work had to be performed at no cost to the government.
The contracting officer's unilateral modification directed DynPort to perform the proposed work at no cost to the government based on alleged willful managerial misconduct and/or habitual employee carelessness.

Parties

Appellant: DynPort Vaccine Company LLC
Respondent Agency: the U.S. Army Medical Research Acquisition Activity
Contracting Agency: the Department of Defense Joint Vaccine Acquisition Program
Contract Number: DAMDl 7-98-C-8024

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