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Decisions Of The Boards Of Contract Appeal: Spec Provisions Kept A Fixed-price Contract From Convert

Wednesday, May 26, 2010 04:26 am


Contract Termination - Unit Pricing

Appeal of: Symbion Ozdil Joint Venture, 2010 ASBCA No.56713, Lexis 10 (Jan.25, 2010)


Despite being terminated for convenience, a contractor will get to charge the government unit prices for additional work it performed.


Symbion Ozdil Joint Venture (Symbion) entered into a firm-fixed-price contract with the U.S. Joint Contracting Command-Iraq to design and build an 85-km electric line in an area south of Baghdad. After work had begun, the government terminated Symbion?s contract for convenience. While the parties agreed Symbion was entitled to a contract price adjustment for additional piling and foundation work it performed, they disputed the amount of that adjustment.


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