749 F.2d 724 (Fed. Cir. 1984), 84-1247, Maintenance Engineers v. United States

Docket Nº:Appeal No. 84-1247.
Citation:749 F.2d 724
Party Name:MAINTENANCE ENGINEERS, Appellant, v. The UNITED STATES, Appellee.
Case Date:December 10, 1984
Court:United States Courts of Appeals, Court of Appeals for the Federal Circuit
 
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749 F.2d 724 (Fed. Cir. 1984)

MAINTENANCE ENGINEERS, Appellant,

v.

The UNITED STATES, Appellee.

Appeal No. 84-1247.

United States Court of Appeals, Federal Circuit

December 10, 1984

Page 725

Roger K. Stewart, Fresno, Cal., submitted for appellant.

Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Sandra P. Spooner, and Helene M. Goldberg, Washington, D.C., submitted for appellee.

Before BALDWIN, Circuit Judge, SKELTON, Senior Circuit Judge, and Jack R. MILLER, Circuit Judge.

JACK R. MILLER, Circuit Judge.

This appeal is from that portion of the decision of the Armed Services Board of Contract Appeals ("board"), Maintenance Engineers, ASBCA No. 25,464, 84-1 BCA p 17,100 (1983), denying appellant additional compensation (under its contract with the Department of the Navy for maintenance of family housing facilities at Naval installations in the San Diego, California, area) for an alleged breach by the Government in conducting a voluntary self-help program under which tenants residing in the facilities performed minor maintenance (e.g., painting) on their housing units. 1

The "BIDDING INFORMATION" issued with the Invitation For Bids states inter alia:

20. OPEN END CONTRACT. This is an "open end" contract with no fixed contract price. The actual amount of work to be performed and the time of such performance will be determined by the Officer in Charge or his properly authorized representative, who will issue written work orders to the Contractor. The only work authorized under this contract is that which is performed upon receipt of such a work order. The Government makes no representation as to the number of work orders or actual amount of services which will in fact be requested, nor is the Government obligated to accept any specified amount of service. However, during the term of this contract [12 months], a minimum of 40% of the dollar value [$471,000] of Bid Item No. 1 worth of services will be ordered. Amount of work to be ordered shall not exceed maximum of 100% over Bid Item 1. 2

The General Provisions of the contract include a standard clause 45, "REQUIREMENTS," which provides, inter alia:

(a) This is a requirements contract for the supplies or services specified in the Schedule ....

(b) Except as otherwise provided in this contract, the Government shall order

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from the Contractor all the...

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