Parsons Government Services, Inc.

May 3, 2017Judge O'Sullivan

DismissedStatutory ComplianceContract Formation / ExistenceQuantum / DamagesCDA Jurisdiction

Parsons Government Services, Inc. appealed the deemed denial of a claim alleging that the government improperly used operation and maintenance funds instead of military construction funds, rendering the contract void ab initio and entitling Parsons to recover in quantum meruit. The Board granted the government's motion to dismiss for failure to state a claim and dismissed the appeal with prejudice.

Material Facts

The government awarded Contract No. M67854-09-D-8000 for Military Operations in Urban Terrain training systems for the United States Marine Corps.
The contract was a requirements contract with a five-year ordering period.
The contract was funded with operation and maintenance funds rather than military construction funds.
The contract included construction work and was not funded with military construction funds.
The contract was modified to add Davis-Bacon Act wage determinations.
Parsons alleged that the predecessor contract had been funded with military construction funds.
Parsons alleged that the contract lacked proper terms, including terms requiring Davis-Bacon Act wage determinations and FAR clauses applicable to apprentices and disputes in labor standards.

Parties

Appellant: Parsons Government Services, Inc.
Respondent Agency: United States Marine Corps
Contract Number: M67854-09-D-8000

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