6328063402

Delfasco LLC

September 25, 2023Judge Melnick
Denied / Government PrevailedContract Changes / Constructive ChangesContract Interpretation

Delfasco LLC appealed the denial of its claim for an economic price adjustment under a contract for practice munitions, asserting that gray iron should be considered steel. The Board granted the government's motion for summary judgment, concluding that gray iron does not fall within the definition of steel as per the contract.

Material Facts

  • The government awarded a firm-fixed price contract to Delfasco on January 7, 2016.
  • The contract contained an EPA clause applicable only to the price of steel.
  • Delfasco claimed an adjustment due to increased costs for bomb bodies made of gray iron.
  • The contracting officer denied Delfasco's claim on February 15, 2022, citing inconsistencies with the EPA clause.
  • Delfasco revised its claim and increased the amount sought to $1,635,650 before appealing the contracting officer's decision.

Parties

Appellant
Delfasco LLC
Respondent Agency
Department of the Army
Contract Number
Contract No. W52P1J-16-D-0039
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