Parsons Evergreene, LLC

Material Facts

• Section V concerned Government Management and Administration of the Design-Build Process during the Build Phase and was previously REA No. 8.
• Parsons Evergreene identified Section V as a Modified Total Cost claim involving 22 events.
• The events included structural and design issues, alleged government interference, inspection and material-approval issues, and other construction-related matters.
• The Air Force Center for Engineering and the Environment conducted a technical evaluation that discussed each event in a 31-page report with 27 attachments.
• DCAA audited Parsons Evergreene's claim and questioned the vast majority of the claimed costs while relying heavily on the technical analysis.
• The contracting officer considered each element of Section V in a 142-page final decision and denied Section V in its entirety.
• The Air Force's motion was filed after the case was fully litigated and over five years after the Air Force's receipt of the claim.
• The Air Force's motion contained no testimony supporting its contention that the claim failed to provide adequate notice.

Parties

Appellant

Parsons Evergreene, LLC

Respondent Agency

Air Force

Contracting Agency

Air Force

Contract Number

FA8903-04-D-8703