December 15, 2003

Inaccuracy of Estimated Quantity in IDIQ Contract Did Not Require Government To Purchase More Than Minimum Amount of Services

This case involves a contractor’s futile efforts to compel the government to apply a unit price to what amounted to be either a gross underestimate of the original scope or at best, the government’s desire to have more work performed but at a renegotiated price. What seemed simple in concept, that the government met its obligation when it met the minimum quantity (which it did), was fraught with extenuating circumstances and legal suppositions advanced by the contractor, which U.S. Court of Federal Claims Senior Judge Merow painstakingly addressed in his 33 page opinion dismissing the contractor’s complaint.

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