56769

Zafer Construction Company

June 2, 2017Judge Page
Denied / Government PrevailedAccord & Satisfaction / Release / Waiver

Zafer Construction Company appealed a decision regarding its claim for additional compensation under Contract No. W917PM-05-C-0005 for renovation work at a military hospital in Afghanistan, alleging unilateral mistake and differing site conditions. The Board denied the appeal.

Material Facts

  • Zafer Construction Company entered into Contract No. W917PM-05-C-0005 with the U.S. Army Corps of Engineers for renovation work on a military hospital in Kabul, Afghanistan.
  • Zafer sought an additional $4,104,891 for work it claimed was not included in its original proposal.
  • The Board found that Zafer did not conduct a site visit prior to submitting its proposal.
  • Zafer's proposal was based on the Baker sketches provided by the government, which did not include all necessary details.
  • The government conducted site visits that Zafer did not attend, and the solicitation included a Site Investigations clause requiring contractors to inspect the site.

Parties

Appellant
Zafer Construction Company
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W917PM-05-C-0005
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