59527

Diversified Construction of Oklahoma

December 9, 2015Judge Thrasher
Denied / Government PrevailedContract InterpretationAccord & Satisfaction / Release / Waiver

Diversified Construction of Oklahoma appealed a decision regarding a firm-fixed-price contract for grass-mowing services, claiming entitlement to recover payment based on alleged misrepresentations by the government. The Board denied the appeal, finding no erroneous representation of material fact.

Material Facts

  • The contract was a firm-fixed-price (FFP) contract for commercial grass-mowing services at McAlester Army Ammunition Plant.
  • Diversified submitted an initial quote of $89,796.00, which was higher than the Independent Government Estimate (IGE) of $41,000.
  • After negotiations, Diversified revised its quote downward to $52,314.24.
  • The government awarded the contract to Diversified on 4 June 2014.
  • Diversified failed to complete all the mowing required under the contract and later submitted a claim for $58,143.79.

Parties

Appellant
Diversified Construction of Oklahoma
Respondent Agency
Department of the Army
Contract Number
W44W9M-14-P-0186
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