Fixed Priced contract with errors does not mean the Contractor is out in the Cold
There are avenues to correct pricing errors in Fixed Priced contract after award.
Army fixed price contract for aircraft maintenance with option years.
The government moves for summary judgment arguing that appellant’s claim for $26,061,962.00 for alleged mistakes during the submission of proposals is barred by the six year statute of limitations set forth in the CDA. The Board denies the motion to dismiss for the base year claim “without further development of the record about when appellant knew or should have known of the alleged mistakes in the backup sheets for the FPR.” With respect to the option years, the Board finds the “claim is subject to the continuing claim doctrine which we have determined to have application to government contract cases.” and that the claim was filed less than six years from the exercise of the first option and is therefore properly before the Board.
Tags: Contracts, Fixed Price Contracts, Pricing Errors
This entry was posted on Tuesday, November 3rd, 2009 at 9:10 am.
