TYD Services

July 8, 2026Judge Stinson

Denied / Government PrevailedContract InterpretationQuantum / DamagesAuthority of Government Agents

TYD Services appealed contracting officer determinations concerning vehicle damage, repair costs, and traffic fines under two firm-fixed-price vehicle-leasing contracts. The Board held that TYD failed to prove the claimed damage exceeded contractual fair wear and tear, that the COR could not bind the government to additional payment, and that the contracts imposed no duty on the government to obtain police reports or pay traffic fines; the appeals were denied.

Material Facts

The first contract was a firm-fixed-priced contract for leasing 21 non-tactical sport utility vehicles for use by government personnel at Al Udeid Air Base.
The second contract was a firm-fixed-priced contract for leasing 12 non-tactical sport utility vehicles for use by government personnel at Al Udeid Air Base.
Both contracts included a performance work statement for leased non-tactical vehicles with maintenance services.
The contracts defined fair wear and tear as normal deterioration attributed to continuous usage and included specified exterior and interior conditions.
The contracts required TYD to provide the labor, materials, equipment, tools, supervision, and other services necessary for vehicle leasing and maintenance.
The contracts assigned responsibility for police reports for traffic incidents to the driver and stated that failure to provide a police report made the driver liable for repair and traffic-incident costs.
The contracts stated that traffic fines and other traffic violations were the responsibility of the driver and that the government would have no liability for the fines.
The contracts identified Leslie F. Ligot as the COR and stated that the COR could not change contract terms or make decisions with funding implications.
TYD submitted inspection reports, photographs, invoices, and a damage summary concerning alleged repair work for seventeen vehicles.
The record did not identify who annotated the inspection reports listing vehicle damage.
TYD submitted documentation concerning a traffic violation and a paid invoice for the related fine.
The contracting officer determined that the claimed damage fell within normal or fair wear and tear and that the government was not liable for the traffic fines.

Parties

Appellant: TYD Services
Respondent Agency: United States Army Corps of Engineers (USACE or government), Middle East District
Contracting Agency: U.S. Army Engineer District, Middle East
Contract Number: W912ER-24-P-0005; W912ER-25-P-0004

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