DynPort Vaccine Company LLC

September 30, 2015Judge Hartman

Denied / Government PrevailedCDA JurisdictionInspection / Acceptance / Warranty / Latent Defects

DynPort Vaccine Company LLC appealed six unilateral contract modifications directing no-cost corrective work under an inspection clause. The Board denied the Army's motion to dismiss, holding that the modifications constituted final decisions on government claims despite the contracting officer's subsequent letter stating that no final decisions had been issued.

Material Facts

The Army awarded DynPort Vaccine Company LLC a cost-reimbursement, cost-sharing, award-fee, research and development type contract.
The contracting officer issued six later modifications from October 2014 through July 2015 directing DynPort to perform work at no cost to the government.
The six later modifications required no-cost corrective work on the identical legal and factual grounds as Modification No. P00431.
The contracting officer's July 31, 2015 letter stated that no contracting officer final decisions had been issued concerning the six modifications.
The same letter stated that the modifications were fully effective and had to be carried out as directed.
DynPort filed its appeal five days after the contracting officer's letter.

Parties

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

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