Garco Construction, Inc.

January 14, 2014Judge Clarke

Partially SustainedOther

Garco Construction, Inc. appealed a decision regarding access for convict employees to Malmstrom Air Force Base under Contract No. W912DW-06-C-0019. The Board granted the government's motion for partial summary judgment in part and denied it in part.

Material Facts

Garco Construction, Inc. was awarded Contract No. W912DW-06-C-0019 to replace family housing at Malmstrom Air Force Base.
The contract included clauses requiring compliance with agency personal identity verification procedures and military regulations.
A pre-construction conference revealed that no one with outstanding warrants, felony convictions, or on probation would be allowed on base.
Garco's subcontractor, JTC, faced issues with access for pre-release convict employees, impacting contract performance.
In October 2007, a policy memorandum was issued by COL Finan, denying access to pre-release convicts.
The Board found that the policy memorandum was a sovereign act and did not provide the government with an economic advantage.

Parties

Appellant: Garco Construction, Inc.
Respondent Agency: U.S. Army Engineer District, Seattle
Contract Number: W912DW-06-C-0019

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