Tountasakis v. United States

This is a review, under the Wunderlich Act, 41 U.S.C. §§321-322 (1976), of a decision of the Armed Services Board of Contract Appeals ("the Board”). It is before us on cross-motions for summary judgment. We grant the defendant’s motion.

I

In early 1976, the government issued an invitation for bids on a painting contract at Fort Dix, New Jersey. The invitation did not indicate which or how many buildings would be painted. Instead it estimated there would be 2,000,000 square feet of "paintable area.” Paintable area was not defined.

The specifications required that some surfaces receive three coats…