Globe Trailer Manufacturing, Inc.

Material Facts

• The government awarded a requirements contract for semitrailers to Globe in 2011.
• The government terminated the contract for convenience in March 2014 after Globe failed first article testing.
• Globe submitted its termination settlement proposal (TSP I) in November 2014, which did not include a claim for constructive change costs.
• In June 2017, Globe filed a revised termination settlement proposal (TSP II) seeking $21,003,162.54, which included a combined claim for constructive changes without a sum certain.
• The Board previously held that Globe's constructive change claims were not properly before it because they had not been presented to the contracting officer in TSP I.
• Globe submitted a TSP II Supplement in June 2020 asserting constructive change damages of $4,565,642.58.
• The Board found that Globe's constructive change claims accrued at the latest on March 11, 2014, when the contract was terminated.

Parties

Appellant

Globe Trailer Manufacturing, Inc.

Respondent Agency

Defense Contract Management Agency

Contract Number

Contract No. W56HZV-11-D-0204