57934

BAE Systems Systems San Francisco Ship Repair

November 26, 2012Judge Page
Denied / Government PrevailedOther

BAE Systems San Francisco Ship Repair appealed a contracting officer's final decision denying a claim for additional work due to flooding caused by leaking valves during drydocking. The Board denied the appeal, finding the contractor responsible for the costs incurred.

Material Facts

  • The Department of the Army awarded indefinite-quantity Contract No. W912SU-04-D-0005 to BAE Systems San Francisco Ship Repair.
  • The contract included provisions for changes and over and above work.
  • BAE Systems reported leaking valves to the government and requested a change order for their replacement.
  • The contractor proceeded with work despite knowledge of the leaking valves, which led to flooding.
  • The contracting officer denied the contractor's request for additional compensation for flooding clean-up.

Parties

Appellant
BAE Systems San Francisco Ship Repair
Respondent Agency
Department of the Army
Contracting Agency
Army Chief Trial Attorney
Contract Number
W912SU-04-D-0005
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