ARMED SERVICES BOARD OF CONTRACT APPEALS 
Appeals of --
United Healthcare Partners, Inc. 
Under Contract No. FA4877-12-C-0002 
APPEARANCE FOR THE APPELLANT: 
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APPEARANCES FOR THE GOVERNMENT: 
ASBCA Nos. 58123, 59214 
Ludlow B. Creary II, Esq. 
The Law Offices of Ludlow B. Creary II 
Los Angeles, CA 
Jeffrey P. Hildebrant, Esq. 
Air Force Deputy Chief Trial Attorney 
Michelle D. Coleman, Esq. 
Trial Attorney 
OPINION BY ADMINISTRATIVE JUDGE PAGE 
By 
Alternative Dispute Resolution (ADR) agreement approved by the Board on 
27 March 2017, United Healthcare Partners, Inc. (UHP) and the government requested 
that entitlement and quantum in these appeals be decided using a "summary 
proceeding with a binding decision." The parties stipulated that the single-judge 
decision would "contain no findings of fact or conclusions of law," and would "be 
final, conclusive, not subject to reconsideration or appeal, and may not be set aside, 
except for fraud [and] shall have no precedential value." (ADR Agreement at 2, 6) A 
hearing was held 18-20 July 2017 in Tucson, Arizona. Familiarity with the Board's 
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7 May 2016 decision on the parties' cross-motions to dismiss is presumed. See 
United Healthcare Partners, Inc., ASBCA No. 58123, 16-1 BCA ~ 36,374. 
DECISION 
Regrettably for UHP, this contract was predicated upon a pricing structure 
different from other contracts for telephonic nurse triage services it had performed 
successfully and was compensated in an annual, lump sum amount. By contrast, this 
agreement paid UHP at the firm-fixed-price of $12.90 for each compensable call as 
defined by the Performance Work Statement (PWS). The government withheld 
payment after UHP did not furnish patient information in accordance with the PWS for 
all calls billed, then terminated the contract for default after warning the contractor. 
ASBCA No. 58123, in which UHP appealed 
the termination for default, is 
denied. Although the agreement lacked salient terms to qualify as a requirements-type 
contract and UHP is not penalized for discontinuing performance, the government was 

justified in terminating the contract for default for UHP's failure to comply with the 
PWS. 
ASBCA No. 59214, in which UHP alleged that the government materially 
breached the contract, is sustained to the following extent: UHP may recover 
$19,788.60 for properly submitted daily reports and accrued interest in accordance 
with 41 U.S.C. § 7109. In all other aspects, this appeal is denied. 
Dated: 1 August 2017 
REBA PAGE 
Administrative 
Judge 
Armed Services Board 
of Contract Appeals 
I certify that the foregoing is a true copy of the Opinion and Decision of the 
Armed Services Board of Contract Appeals in ASBCA Nos. 58123, 59214, Appeals of 
United Healthcare Partners, Inc., rendered in conformance with the Board's Charter. 
Dated: 
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JEFFREY D. GARDIN 
Recorder, Armed Services 
Board of Contract Appeals