The Davis Group, Inc.
The Davis Group, Inc. appealed a contracting officer's failure to decide on a claim for delay and additional costs related to a storm water permit under Contract No. W912HN-08-D-0037. The Board denied the appeal, finding that the contractor did not meet its burden of proof.
Material Facts
- Davis submitted a claim under a task order for $78,777.07 and an 80-day extension due to government delay in approving a storm water permit.
- The Board has jurisdiction under the Contract Disputes Act of 1978.
- Davis elected the accelerated procedure under Board Rule 12.3.
- The COE awarded Davis Task Order No. W912HN-08-D-0037-0002 for the construction of Company Operations Facilities.
- Davis' design submission included a Notice of Intent to obtain a GA EPD permit.
- The COE directed Davis to incorporate the Coastal Stormwater Supplement into its design.
- Davis delayed in notifying the COE of possible changed site conditions for 78 days.
Parties
- Appellant
- The Davis Group, Inc.
- Respondent Agency
- U.S. Army Engineer District, Mobile
- Contracting Agency
- U.S. Army Engineer District, Savannah
- Contract Number
- Contract No. W912HN-08-D-0037
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