61066

Presentation Products, Inc. dba Spinitar

June 12, 2017Judge O'Sullivan
Denied / Government PrevailedContract InterpretationCommercial Item

Presentation Products, Inc. dba Spinitar appealed for an equitable adjustment of $7,624.14 related to state taxes not included in its contract price with the Army. The Board denied the appeal, affirming the contractor's responsibility to include all applicable taxes in its bid.

Material Facts

  • The Army issued Solicitation No. W912CN-15-T-0187 on 2 June 2015 for a video conferencing system installation.
  • Spinitar's proposal explicitly excluded applicable sales taxes, including Hawaii's general excise tax.
  • Contract No. W912CN-15-P-0174 was awarded to Spinitar on 11 September 2015 for $165,417.31.
  • Spinitar submitted a change proposal on 26 January 2016, indicating that Hawaii's GET would apply to the contract.
  • On 9 August 2016, Spinitar submitted a claim for $7,624.14 for the GET.
  • The contracting officer issued a final decision on 17 February 2017, denying Spinitar's claim.

Parties

Appellant
Presentation Products, Inc. dba Spinitar
Respondent Agency
Department of the Army
Contract Number
W912CN-15-P-0174
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