60907

K2 Solutions, Inc.

July 13, 2017Judge Sweet
Partially SustainedContract InterpretationAccord & Satisfaction / Release / Waiver

K2 Solutions, Inc. appealed the denial of its claim alleging breach of contract by the government due to a reduction in the scope of work. The Board granted the government's motion to dismiss some counts while allowing one count to proceed.

Material Facts

  • The government awarded K2 Contract No. M67854-11-C-3015 on 29 September 2011.
  • The contract was for one base year and two option years.
  • K2 alleged that the government failed to exercise delivery of the full quantity of dogs and services during the base year.
  • The government sent K2 a notice of intent to exercise option year one on 22 June 2012, which contemplated a reduction in requirements.
  • Modification No. POOOlO was issued on 31 July 2012, which reduced requirements and changed terms.
  • K2 continued to perform after the issuance of Modification No. POOOlO.
  • K2 alleged that the government decreased the amount of work relative to the reduced quantities ordered in Modification No. POOOlO.
  • K2 submitted a certified claim to the contracting officer on 22 April 2016, which was denied.

Parties

Appellant
K2 Solutions, Inc.
Contract Number
M67854-11-C-3015
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