Innoventor, Inc.

July 11, 2017Judge Sweet

Denied / Government PrevailedDefective SpecificationsContract Changes / Constructive ChangesContract Interpretation

Innoventor, Inc. appealed a contracting officer's final decision denying its claim for an equitable adjustment related to a defective specification and constructive change. The Board granted the government's motion for summary judgment and denied Innoventor's cross-motion.

Material Facts

The Air Force issued Solicitation No. FA8224-11-R-0027 for the design and performance requirements to build a replacement for a Dynamic Brake Test Stand (DBTS).
Innoventor submitted a proposal and was awarded Contract No. FA8224-11-C-0043, a $357,628 fixed-price contract.
The contract required the new DBTS to pass tests and function at least as well as the legacy DBTS.
Innoventor's DBTS failed the September 2013 Initial Operational Testing & Evaluation (IOT&E) with 0 of 5 Units Under Test (UUTs) passing.
The Air Force concluded that Innoventor was not prepared and recommended a cure notice.
Innoventor submitted a request for equitable adjustment (REA) for $893,358 due to 'instability of expectations.'
The contracting officer denied the REA, stating that the government had not issued a modification directing a change.

Parties

Appellant: Innoventor, Inc.
Respondent Agency: Department of the Air Force
Contract Number: FA8224-11-C-0043

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