Arctic Swan Construction Inc.

June 16, 2026Judge Woodrow

DismissedContract InterpretationAccord & Satisfaction / Release / WaiverCDA Jurisdiction

The Armed Services Board of Contract Appeals ruled on the government's Motion for Summary Judgment regarding Arctic Swan Construction Inc.'s claim for additional compensation under a fixed-price contract for appliance installation at Eielson Air Force Base, concluding that the contract required installation as part of the base price.

Material Facts

The government issued Solicitation No. FA500421B0004 on July 15, 2021, for drayage and furnishing management services.
Contract No. FA500422C0002 was awarded to Arctic Swan Construction Inc.
The PWS included explicit directives for the handling, delivery, and installation of appliances, including washers and dryers.
The bid schedules required the contractor to provide a single, fully burdened unit price for each washer or dryer handled.
Arctic Swan did not submit any Requests for Information regarding the pricing structure before bidding.
The contracting officer issued a final decision on September 15, 2022, referencing a claim amount of $685,200 and denying it.
Arctic Swan submitted a properly certified claim on November 7, 2024, for $334,213, which was also denied by the contracting officer.
The Board determined that the contract required the installation and connection of washers and dryers at the unit prices established in the contract.

Parties

Appellant: Arctic Swan Construction Inc.
Respondent Agency: Air Force
Contract Number: Contract No. FA5004-22-C-0002

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