Le-gals, Inc., Appellant, v. the United States, Appellee, 878 F.2d 1447 (Fed. Cir. 1989)

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US Court of Appeals for the Federal Circuit - 878 F.2d 1447 (Fed. Cir. 1989) June 26, 1989

Before MARKEY, Chief Judge, and PAULINE NEWMAN and ARCHER, Circuit Judges.

ARCHER, Circuit Judge.


Le-Gals, Inc. appeals from the decision of the National Aeronautics and Space Administration Board of Contract Appeals (Board), NASA BCA No. 1285-15, 88-2 BCA p 20,703, denying its claims for increased compensation or, alternatively, damages for breach of its clerical services contract at NASA's Lewis Research Center. We affirm.

The Board found that Le-Gals "included the costs of the Amendment No. 1 staffing breakdown in its bid ... to ensure that the costs of deploying the personnel in the staffing breakdown in Amendment No. 1 would be covered." This finding, unchallenged here, fully supports the Board's conclusion that Le-Gals "agreed with the Government to provide a specified staffing breakdown and, when held to pay the cost of that bargain, is without a right to complain." Consequently, the denial of Le-Gals' claim for increased compensation must be sustained. See 41 U.S.C. § 609(b) (1982); Erickson Air Crane Co. v. United States, 731 F.2d 810, 814 (Fed. Cir. 1984).

In addition, the Board did not err in denying Le-Gals' breach of contract claim. As stated by the Board, the "Contracting Officer was required to refer [possible violations of the Service Contract Act, 41 U.S.C. § 351 et seq. (1982) ] to [the Department of Labor] for investigation (NASA PR 12.1005-10)." We are unpersuaded that the Contracting Officer's fulfillment of his duty under the law and regulations breached the contract or in any way impeded Le-Gals' ability to perform under the contract.

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