61121

Missouri Department of Social Services

January 17, 2019Judge McIlmail
Sustained / Appellant PrevailedQuantum / DamagesEquitable Adjustment (REA)DCAA Involved

The Missouri Department of Social Services appealed for an equitable adjustment following a partial termination of its dining services contract. The Board awarded the appellant $1,308,427.75, including settlement expenses.

Material Facts

  • The appellant's original pricing proposal estimated 1,279,423 production hours for all 18 facilities per year.
  • After the elimination of six facilities, the revised estimate of total production hours per year was 980,682.
  • The retail rate would have to increase from 23.8053 to 25.2242 for Option Year 2 and from 24.6301 to 26.4137 for Option Year 3.
  • The appellant incurred $717,000 of unrecovered fixed costs in Option Year 2 and $805,054 in Option Year 3.
  • The appellant's estimated revenue for Option Year 2 was $30,457,068.71.
  • The appellant applied a profit rate of 3% in developing its pricing for the original contract.
  • The appellant incurred $73,125.75 in settlement expenses for the preparation and presentation of its request for equitable adjustment.

Parties

Appellant
Missouri Department of Social Services
Respondent Agency
Department of the Army
Contract Number
W911S7-09-D-0029
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