57832

Hartman Walsh Painting Company

April 24, 2012Judge James
Denied / Government PrevailedContract InterpretationAccord & Satisfaction / Release / Waiver

Hartman Walsh Painting Company appealed the denial of a claim for extra work related to traffic control during a project at the Fall River Dam. The Board denied the appeal, finding no erroneous representation by the government.

Material Facts

  • The Army Corps of Engineers issued Request for Proposal No. W912BV-09-R-1010 for a Multiple Award Task Order Contract for preparation, rehabilitation and painting of large industrial structures.
  • The RFP included a site visit provision requiring a contractor representative to conduct a site visit with the CO.
  • During the site visit, the issue of lane and road closure was discussed, but no definitive answer was given.
  • Hartman was awarded Task Order No. 0001 under the MATOC in the amount of $2,782,747.
  • Hartman submitted a request for a complete road closure for twelve months, which was disapproved by the ACOE.
  • Hartman submitted a request for equitable adjustment for additional traffic control costs, which was denied by the Corps.

Parties

Appellant
Hartman Walsh Painting Company
Respondent Agency
U.S. Army Engineer District, Tulsa
Contracting Agency
Army Corps of Engineers
Contract Number
W912BV-09-D-IOIO
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