61157

Family Entertainment Services, Inc.

October 24, 2017Judge Osterhout
Denied / Government PrevailedContract Interpretation

Family Entertainment Services, Inc. appealed a decision regarding deductions made by the Army on a grounds maintenance contract, claiming improper measurement of performance days and incorrect deductions. The Board denied the appeal.

Material Facts

  • The contract was awarded to Family Entertainment Services, Inc. on 26 May 2015.
  • The contract was a firm-fixed price contract for grounds maintenance services at Fort Campbell, Kentucky.
  • The Army deducted $81,692.34 from payments to FES based on performance deficiencies.
  • FES claimed that the performance period should have been measured in work days instead of calendar days.
  • The contract incorporated FAR 52.212-4, which defines 'day' as a calendar day unless otherwise specified.

Parties

Appellant
Family Entertainment Services, Inc.
Respondent Agency
Department of the Army
Contract Number
W91248-15-D-0008
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