60358

Tkacz Engineering, LLC

December 7, 2017Judge Melnick
Denied / Government PrevailedContract InterpretationCommercial Item

Tkacz Engineering, LLC appealed for partial summary judgment regarding a contract dispute with the government over alleged constructive changes and breach of contract. The Board denied the motion for summary judgment.

Material Facts

  • Tkacz Engineering, LLC sought partial summary judgment upon entitlement in ASBCA No. 60358.
  • The contract sought four primary capabilities for the Armed Contractor Oversight Directorate supporting United States Forces-Afghanistan.
  • The contract incorporated by reference FAR 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (JUN 2010).
  • Tkacz maintained that the government required it to develop comprehensive custom case management software beyond the contract's requirements.
  • The government alleged that all of the extra work was within the contract's plain language.

Parties

Appellant
Tkacz Engineering, LLC
Respondent Agency
Department of the Army
Contract Number
W91JA4-11-P-4078
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