Hallmark-Phoenix 3, LLC

Material Facts

• The contract was a firm-fixed-price contract for logistics services awarded on 29 September 2008.
• The applicable wage determination at the time of contract award was WD 2005-2049, Revision 8.
• The government unilaterally extended the contract and incorporated a new wage determination, Rev. 16, but did not adjust the contract price accordingly.
• The contractor submitted a claim for increased costs due to the wage determination changes, which was denied by the government based on a prior settlement agreement.

Parties

Appellant

Hallmark-Phoenix 3, LLC

Respondent Agency

Department of the Army

Contracting Agency

Mission and Installation Contracting Command

Contract Number

W9124J-08-C-0026