59865

ABC Data Entry Systems, Inc.

November 10, 2016Judge McIlmail
Denied / Government PrevailedContract Interpretation

ABC Data Entry Systems, Inc. appealed a decision regarding a claim for additional costs due to the government's negligent estimation of work under an indefinite-quantity contract. The Board denied the appeal, ruling that the government is not liable for negligent estimates in such contracts.

Material Facts

  • ABC Data Entry Systems, Inc. entered into Schedule Contract No. GS-03F-0148V with the General Services Administration on 5 November 2009.
  • The contract included FAR clause 52.216-22, INDEFINITE QUANTITY, and a Guaranteed Minimum clause.
  • On 8 July 2013, ABC and the U.S. Army Corps of Engineers entered into Delivery Order No. W912P6-13-F-0008 for a total award amount of $50,375.
  • The government estimated that 900,500 pages would be scanned, but ultimately provided only 454,608 pages.
  • ABC presented a claim for $36,250, alleging that the government failed to provide the required number of documents to be scanned.
  • The contracting officer denied the claim, and ABC appealed.

Parties

Appellant
ABC Data Entry Systems, Inc.
Respondent Agency
U.S. Army Corps of Engineers
Contracting Agency
General Services Administration
Contract Number
GS-03F-0148V
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