Agency May Not Unilaterally Modify a Contract’s Payment Terms To Make What it Considers an Equitable Adjustment to Contractor’s Final Fee; CBCA 3876, CH2M-WG Idaho LLC v. Department of Energy

Appeal of the agency’s final fee determination is granted in part where agency waited too long to bilaterally address a payment issue with a contractor and lacked authority under the contract to unilaterally modify payment terms, and denied in part, where the contractor was not entitled to recover costs inappropriately shifted to another project, even though the agency agreed the costs could be moved to avoid reaching the project spending limit.