C.E.M.E.S. S.p.A.

Material Facts

• The contract was awarded to C.E.M.E.S. S.p.A. on September 9, 2002, for general building renovation and environmental work.
• C.E.M.E.S. claimed €102.964,96 for increased costs due to delays related to safety concerns over unexploded ordnance.
• The contracting officer denied the claim, stating it was not valid due to lack of certification as required by the CDA.
• C.E.M.E.S. filed an appeal after the contracting officer's final decision.
• The Board found that the contractor had not shown that the government was obligated to issue a War Bombs Reclamation Certification.
• The Board determined that the conditions encountered did not constitute a differing site condition.
• C.E.M.E.S. did not provide sufficient evidence to support its claims regarding the presence of unexploded ordnance.
• The contractor's safety plan did not consider UXO to be a risk based on prior surveys.
• The government had provided detailed information about the landfill site in the contract documents.
• C.E.M.E.S. did not demonstrate that it encountered unknown conditions at the site.
• The Board concluded that the contractor's claims were not supported by the evidence.

Parties

Appellant

C.E.M.E.S. S.p.A.

Respondent Agency

U.S. Army Corps of Engineers

Contract Number

DACA90-02-D-0082