Tetra Tech Facilities Construction, LLC

Material Facts

• The contract was a two-phase design-build procurement for renovation and expansion of the Maryland Army Aviation Support Facility at Aberdeen Proving Ground.
• The contract incorporated the FAR 52.236-2, DIFFERING SITE CONDITIONS clause.
• The government-provided Giles Report described generally firm, stiff, medium, or constructible soils and estimated the water table at approximately 7 to 11 feet below ground.
• The bidders were limited to visual observations during the pre-bid site visit, and invasive investigation was not allowed.
• During excavation south of Column Line 9, Tetra Tech encountered saturated, unstable, pumping soils that required remediation.
• The project included a leaking fire hydrant, a leaking water valve or water main outside the limits of disturbance, and two perforated storm drainage pipes.
• The leaking infrastructure was not disclosed to Tetra Tech or the bidders in the solicitation documents.
• Tetra Tech used undercutting and backfill, soil cementing, temporary access roads, and related geotechnical services to address the unsuitable soils.
• The government denied the existence of differing site conditions and asserted that Tetra Tech should have anticipated shallow groundwater and implemented extensive dewatering.
• Modification No. P00003 funded a change from a spread-footing foundation to a deep foundation for the hangar addition.
• Tetra Tech submitted an REA and later a claim seeking compensation for soil-remediation and related costs.
• The contracting officer denied the claim, and the Board consolidated Tetra Tech's two appeals.

Parties

Appellant

Tetra Tech Facilities Construction, LLC

Respondent Agency

United States Army Property and Fiscal Office (USPFO)

Contracting Agency

United States Army Property and Fiscal Office (USPFO)

Contract Number

W912K6-09-C-0002