6222362292

KF&S Corp.

December 9, 2020Judge Osterhout
Denied / Government PrevailedContract Changes / Constructive ChangesContract Interpretation

KF&S Corp. appealed the denial of its claim for price adjustments due to increased minimum wages under a firm-fixed-price contract with the Army. The Board granted the government's motion for summary judgment, denying the appeal.

Material Facts

  • The Army awarded the contract on June 25, 2015.
  • The contract required compliance with Korean labor law.
  • The contract incorporated FAR 52.212-4 and FAR 252.222-7002.
  • FAR 52.222-43 was not contained in the contract.
  • DFARS 252.216-7003 was not included in the contract.
  • KF&S submitted a request to increase the price of the contract based on an increase in the Korean minimum wage laws on August 7, 2017.
  • The contracting officer issued a Final Decision denying the claim in full on October 4, 2019.
  • KF&S filed an appeal at the Board on October 18, 2019.

Parties

Appellant
KF&S Corp.
Respondent Agency
United States Army
Contract Number
W91QVN-15-D-0027
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