Gilbane Building Company
Gilbane Building Company appealed the denial of its claim for wrongful rejection of its elevator subcontractor by the U.S. Army Corps of Engineers. The Board denied the appeal, affirming the contracting officer's decision.
Material Facts
- The U.S. Army Engineer District, Fort Worth issued Solicitation No. W9126G-07-R-0072 for the Battlefield Health and Trauma Research Facility.
- Contract No. W9126G-07-C-0043 was awarded to Gilbane for a Guaranteed Maximum Price of $91,998,321.
- The BHT contract included FAR clauses 52.233-1 and 52.243-4.
- Gilbane subcontracted with PKD for elevator installation at a price of $597,000.
- USACE rejected PKD's submittals, stating that PKD was not a manufacturer regularly engaged in the manufacture of elevator systems.
- Gilbane subsequently subcontracted with ThyssenKrupp for the elevator system at a price of $693,765.
Parties
- Appellant
- Gilbane Building Company
- Respondent Agency
- U.S. Army Engineer District, Ft. Worth
- Contract Number
- W9126G-07-C-0043
Full Legal Analysis
Create a free account to read the complete grounded legal brief for this decision, including the holding, every issue the Board decided, quantum, verified citations, and the case's citation graph.
Holding & Legal Reasoning
The Board's holding, background, and procedural posture for this decision.
Issues Presented
Every issue the Board decided, with its determination, reasoning, and supporting authority.
Quantum & Recovery
The claimed, awarded, and net dollar amounts at issue, itemized where the record supports it.
Verified Authorities & Citations
Every cited FAR, DFARS, CAS, and case-law authority, cross-checked against the source text.
Practitioner Takeaways
Practical guidance for contractors and counsel, distilled from the Board's ruling.
Similar Cases
Related decisions surfaced by semantic search across the full analyzed corpus.
Citation Graph
An interactive graph of this case's cited authorities, judge, agency, and related decisions.
Related Decisions
Same Judge
- PAW & Associates, LLCNo. 58534August 20, 2015
- DayDanyon CorporationNo. 57681August 17, 2015
- DynPort Vaccine Company LLCNo. 59298August 12, 2015
- Tri-County Contractors, Inc.No. 58167June 16, 2015
- Linc Government Services, LLCNo. 58565June 16, 2015
- SUFI Network Services, Inc.No. 55306May 20, 2015
Same Year
- Fluor Enterprises, Inc. and Fluor CorporationNo. 59367, 59697December 24, 2014
- The Boeing CompanyNo. 59216December 24, 2014
- Government Services Corp.No. 59654December 23, 2014
- Raytheon Missile SystemsNo. 59432December 23, 2014
- CAE USA, Inc.No. 58957December 23, 2014
- Metal Storm, Inc.No. 58901December 23, 2014
Same Issue
- Africa Transport Logistics CompanyNo. 64120October 1, 2026
- Huffman Construction, LLCNo. 62591, 62783September 30, 2026
- Martin Brothers ConstructionNo. 63196, 63431September 30, 2026
- Vigor Marine, LLCNo. 63405September 24, 2026
- US Military CorpNo. 64321September 24, 2026
- Scot Cardillo dba Engineers Tooling SupportNo. 61612September 22, 2026