Agility Defense & Government Services, Inc. v. United States

Contract Claim for Disposal of Surplus Property in Middle East; Requirements Contract; Use of Historical Data; Negligent Estimate; Mandate Rule; Equitable Adjustment; Actual Cost Method; Damages.

OPINION AND ORDER

WHEELER, Judge.

This case is before the Court on remand from the United States Court of Appeals for the Federal Circuit to determine the proper amount of damages due Plaintiff Agility Defense & Government Services, Inc. (“Agility”). The Federal Circuit instructed this Court to calculate Agility’s equitable adjustment arising from damages Agility incurred from performing in excess of…