Reasoning its contract was a fixed price contract because it included several general fixed price contract clauses, Dawkins claimed its was owed the difference between the contract’s fixed price and what it was actually paid after the contract was cancelled.  NASA rejected the claim asserting it was a time and material (T&M) contract and hence Dawkins was entitled to what it had been paid.  The Board sided with the government ruling though the contract erroneously included some clauses applicable only to fixed price contracts the Order of Precedence clause provides the contract schedule takes precedence over contract clauses and the Schedule began with a list of labor categories Dawkins was to supply at stated hourly rates plus a subcontract handling fee and a materials markup.  The Board concluded the contract, reasonably interpreted, was T&M and hence the T&M payments clause was incorporated into the contract by operation of law under the Christian Doctrine (i.e. mandatory clauses are deemed incorporated into government contracts whether or not they are explicitly stated) (Dawkins General Contractors and Supply Inc., ASBCA No. 48535)

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