Korte Construction Company

Material Facts

• Korte Construction Company appealed a contracting officer’s final decision denying its claim for rescission of a unilateral contract modification.
• The unilateral modification assessed a credit of $493,639.43 for a deductive change to contract work.
• Korte's mechanical subcontractor determined that the work was not required under the contract and did not price that work.
• Korte's motion for summary judgment admitted knowledge of an ambiguity in the solicitation.
• The government issued the Phase 1 Request for Proposals on October 11, 2018, for a firm fixed-price contract.
• The government awarded Korte Contract No. W912BV-19-C-0017 in the amount of $72,827,332.00 on September 27, 2019.

Parties

Appellant

Korte Construction Company

Respondent Agency

U.S. Army Engineer District, Tulsa

Contract Number

W912BV-19-C-0017