GRANTED IN PART: May 15, 1997 GSBCA 14094 EASTERN MAINTENANCE & SERVICES, INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Benjamin N. Thompson of Thompson & Godwin, L.L.P., Dunn, NC, counsel for Appellant. A. R. Dattolo, Office of Regional Counsel, General Services Administration, Atlanta, GA, counsel for Respondent. Before Board Judges DANIELS (Chairman), BORWICK, and WILLIAMS. DANIELS, Board Judge. Eastern Maintenance & Services, Inc. (Eastern), submitted a claim to the General Services Administration (GSA) for an equitable adjustment in the amount of $18,817.11 under an indefinite quantity contract for partitioning and miscellaneous repairs in buildings in the Knoxville, Tennessee area. GSA told prospective bidders on this contract that it anticipated that eighty percent of the work under the contract would be permitted to be performed during regular working hours, and twenty percent of the work would be directed to be performed outside such hours. According to Eastern, only ten percent of the work the agency ordered under the contract was allowed to be done during regular working hours; ninety percent had to be performed outside regular working hours. The contractor maintained that GSA either failed to exercise good faith in establishing the estimates contained in the invitation for bids or acted improperly in ordering the work after the contract was awarded. The Government's actions, Eastern asserted, constituted a cardinal change in the terms of the contract and caused the contractor to suffer a loss in the claimed amount. The contracting officer did not respond to the claim, and Eastern appealed his deemed denial of it. The parties have now agreed that GSA will pay Eastern $11,000 as full and complete settlement of the claim. They have jointly asked us to enter a stipulated judgment that the agency pay the contractor this amount. They have also submitted certificates of finality in which they agree not to appeal or move for reconsideration of a decision which orders this result. Decision GSA shall pay to Eastern, as full and complete settlement of this claim, $11,000. Rule 136(e). ________________________ STEPHEN M. DANIELS Board Judge We concur: ________________________ ________________________ ANTHONY S. BORWICK MARY ELLEN COSTER WILLIAMS Board Judge Board Judge