Metric Construction Co. v. United States

OPINION

LYDON, Judge:

In this “direct access” construction contract case, filed pursuant to Section 10(a) of the Contract Disputes Act of 1978, 41 U.S.C. Sec. 609(a)(1) (Supp. V 1981) (CDA), plaintiff seeks to recover a fee it paid, or.is required to pay, to a third party indemnitor of a surety company which, it is alleged, agreed to issue required performance and payment bonds on the strength of said indemnity agreement, in connection with plaintiff’s bid and subsequent award of a contract by the Department of the Navy, Naval Facilities Engineering Command (NFEC). Plaintiff’s position is that…