Sauer Incorporated

November 17, 2016Judge Clarke

Partially SustainedAccord & Satisfaction / Release / Waiver

Sauer Incorporated appealed a decision regarding its claim for home office overhead under an IDIQ contract with the Navy. The Board granted the government's motion to dismiss part of the appeal, ruling that the claim was not properly presented to the contracting officer.

Material Facts

The government and Sauer entered into IDIQ Contract No. N69450-09-D-1274 on 3 June 2009.
Task Order 4 was awarded to Sauer on 18 November 2009 for design and repairs to Hangar 1552 at Naval Station Mayport, Florida.
Sauer requested an additional $57,535 for home office overhead in a letter dated 18 June 2013.
The contracting officer rejected Sauer's request on 20 June 2013, stating there was no merit to the request.
Modification No. 17 of Task Order 4 was executed on 26 September 2013, which included a lump sum settlement of $925,000.
Sauer submitted a certified claim for $130,899 for unabsorbed home office overhead on 18 November 2014.
The government denied Sauer's certified claim by a contracting officer's final decision dated 16 September 2015.
Sauer's complaint included a request for $57,535 for home office overhead associated with cost increases of Mod 17.

Parties

Appellant: Sauer Incorporated
Respondent Agency: United States Navy
Contract Number: N69450-09-D-1274

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