Garco Construction, Inc.

Material Facts

• Garco Construction, Inc. was awarded Contract No. W912DW-06-C-0019 to construct base housing at Malmstrom Air Force Base.
• James Talcott Construction, Inc. (JTC) was a subcontractor for Garco and claimed that changes in base access policies hindered its ability to hire workers.
• The Board previously granted partial summary judgment in favor of the Air Force, ruling that a memorandum issued on 22 October 2007 was a sovereign act.
• The Board found that the Air Force began enforcing its base access policy in the spring of 2007, which included denying access to individuals with certain criminal backgrounds.

Parties

Appellant

Garco Construction, Inc.

Respondent Agency

U.S. Army Engineer District, Seattle

Contract Number

W912DW-06-C-0019