Parsons Evergreene, LLC

Material Facts

• The project used a Design-Build-Plus 03 process with a 35% concept design followed by design completion and construction.
• Delivery Order No. 0013 provided fixed prices for design and construction of the Temporary Lodging Facility and Visiting Quarters and required completion by 5 March 2007.
• The 35% Visiting Quarters design did not adequately account for progressive collapse, although progressive-collapse resistance was required.
• Pre-bid answers stated that the drawings were concept only and that bidders could substitute assemblies and structural systems to comply with progressive-collapse requirements.
• The government directed Parsons to proceed with the Baker 35% double-wall design after rejecting Parsons’s structural-brick alternative.
• The project encountered unsuitable fill, an organic layer, and a transite asbestos-insulated pipe in the Visiting Quarters foundation area.
• The government-provided utility information did not identify several utilities encountered during installation of the high-temperature hot-water line.
• The government continued to require elimination of oil canning in the standing-seam metal roof despite an amendment stating that oil canning was inherent in the product and should be seriously minimized.
• The government approved and later rescinded Architect’s Supplemental Instruction No. 13 concerning Sherwin Williams paint in the Visiting Quarters.
• The government conducted multiple closeout inspections over approximately four months before beneficial occupancy on 11 September 2008.
• DCAA audited Parsons’s claim and found that the claimed costs were incurred, but questioned most costs based on the Air Force’s technical evaluation.
• The contracting officer’s final decision dated 27 March 2013 denied or partially allowed the claim components, and Parsons appealed.

Parties

Appellant

Parsons Evergreene, LLC

Respondent Agency

Air Force

Contracting Agency

Air Force

Contract Number

FA8903-04-D-8703