Agency Mistakenly Calculated Lease Operating Cost Adjustments Based on Previous Year’s Costs, Not on Comparison to Base Year; CBCA 5150. 1201 Eye Street, N.W. Associates, LLC v. General Services Administration
Appeal of a contracting officer’s denial of a claim for operating cost adjustments for the term of a five-year lease extension is granted, where the agency mistakenly calculated the increase in operating cost adjustments using a year-to-year comparison, rather than calculating the change compared to the base year, as provided in the lease agreement; and appellant’s request to recover its operating cost adjustments for the entire period of the lease extension is dismissed for lack of jurisdiction, because the appellant did not submit a claim to the contracting officer for the remaining two years of the lease, and where the parties can determine the correct amount owed for future years based on the outcome of this appeal.
