Subsurface Technologies

Material Facts

• The Army awarded Contract No. W9124M-07-D-0006 to Subsurface Technologies in April 2007.
• The contract provided for a unit price of $125 per locate.
• Subsurface submitted a certified claim seeking an additional $3,902,000, alleging underpayment.
• The contracting officer denied the claim on September 6, 2011.
• Subsurface filed suit in the United States Court of Federal Claims on April 10, 2012, which was rejected on its merits.
• The Court of Federal Claims ruled that the contract contemplated payment on a per-permit basis.
• Subsurface submitted another certified claim on November 6, 2014, which was denied on December 4, 2014.

Parties

Appellant

Subsurface Technologies

Respondent Agency

Army Contracting Agency

Contract Number

W9124M-07-D-0006