Further Discovery Needed to Determine Whether Agency Improperly Ordered Complex Repairs Using Less Expensive Service Calls; ASBCA 59213, Kings Bay Support Services

The government’s motion for summary judgment is denied, where the government’s assertion that the appellant was required to perform maintenance work on certain equipment via service calls is contradicted by contract language prohibiting the use of less expensive service calls to order complex repairs; and the government’s motion to dismiss for lack of jurisdiction is denied, where the appellant’s use of the word “components” rather than “equipment” in its reply brief does not mean the appellant had asserted in its appeal a new claim not presented to the contracting officer.