61349

Cooper/Ports America, LLC

February 10, 2022Judge Sweet
Denied / Government PrevailedMistake / Reformation

Cooper/Ports America, LLC appealed a denial of its claim for reformation of a contract's prices based on alleged misrepresentation by government contracting officers. The Board denied the appeal, finding no basis for reformation.

Material Facts

  • The government awarded contract HTC711-15-D-R036 to Shippers Stevedoring Co. on January 28, 2015.
  • C/PA purchased Shippers' interests in the contract and entered into a novation agreement with the government.
  • C/PA claimed that contracting officers promised to work with them on the contract's prices.
  • The government denied C/PA's request to revise the Prices on January 31, 2017.
  • C/PA filed a request for equitable adjustment on June 26, 2017, asserting that the contract should be reformed due to unilateral mistake.

Parties

Appellant
Cooper/Ports America, LLC
Contract Number
HTC711-15-D-R036
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