62394

MicroTechnologies, LLC

June 9, 2020Judge Stinson
Denied / Government PrevailedContract Formation / ExistenceCommercial Item

MicroTechnologies, LLC appealed the denial of its claim for $46,743.19 related to a government contract. The Board denied the appeal, concluding that the supplemental terms were not binding on the government.

Material Facts

  • MicroTech was awarded Contract No. W52P1J-16-D-0029 on February 22, 2016.
  • The contract incorporated FAR 52.212-4, which includes terms regarding unauthorized obligations.
  • MicroTech entered into a Master Purchase Agreement with De Lage Landen Financial Services, Inc. for financing equipment.
  • The government issued a Request For Quote on March 8, 2018, for leasing printers and maintenance services.
  • MicroTech submitted a quote with supplemental terms on March 16, 2018.
  • The government issued a firm fixed price Order No. W9127N18F0084 on May 1, 2018.
  • The government exercised options under the Order, but did not renew the lease for the period beginning October 1, 2019.
  • MicroTech submitted a claim for $46,743.19 on September 11, 2019, which was denied by the contracting officer on November 25, 2019.

Parties

Appellant
MicroTechnologies, LLC
Respondent Agency
U.S. Army Engineer District, Portland
Contract Number
W52P1J-16-D-0029
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