57471

MARCON Engineering, Inc.

May 1, 2015Judge Peacock
Partially SustainedContract InterpretationAccord & Satisfaction / Release / Waiver

MARCON Engineering, Inc. appealed a decision regarding three claims under a firm-fixed-price contract for a border fence project. The Board sustained the appeal in part, specifically regarding the drainage claim.

Material Facts

  • The United States Army Corps of Engineers issued a Request for Proposal for a firm-fixed-price task order to design and construct a fence along the Arizona border.
  • The task order solicitation required that all construction activities be contained within the project corridor, except for certain drainage work.
  • MARCON Engineering submitted a technical proposal that included a drainage plan deviating from the original design requirements.
  • The government accepted MARCON's proposal, which included work outside the Roosevelt Reservation.
  • Heavy rains caused flooding at the site, impacting the construction and drainage plans.

Parties

Appellant
MARCON Engineering, Inc.
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W912BV-08-D-2026
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