Parsons Evergreene, LLC
Parsons Evergreene, LLC sought reconsideration of the Board's prior decision concerning the Structural Brick, Triarch, and claim-preparation/REA-modification-cost claims. The Board denied reconsideration because the motion recharacterized the Structural Brick holding, relied on arguments and evidence not previously presented, and did not establish a factual mistake, legal error, or newly discovered evidence.
Material Facts
- The appeal arose under Contract No. FA8903-04-D-8703.
- Parsons Evergreene's Structural Brick claim concerned use of a single-wall structural-brick design rather than an 8-inch CMU block and 4-inch brick-veneer double-wall design.
- The Board previously awarded Parsons Evergreene $722,176 for additional design effort relating to progressive collapse.
- The Board previously held that the Air Force was liable for construction costs associated with design changes needed to make the VQ resist progressive collapse but awarded nothing for that construction component.
- Mr. Tengler's estimate was titled "Structural Brick in Lieu of Double Wythe System - Total Cost Savings."
- The Structural Brick estimate included $1,192,725 of a $1,906,401 estimate for decreased cost of structural brick versus CMU and facebrick.
- Parsons Evergreene's VQ painting subcontract with KRN had a value of $357,000 and included a $48,400 credit.
- Parsons Evergreene sought $440,137 for the Triarch claim.
- The record included thousands of Rule 4 tabs, tens of thousands of Rule 4 pages, 1,500 pages of briefs, and an almost 100-page prior decision.
- Parsons Evergreene's claim-preparation and REA-modification claims concerned costs allegedly incurred to materially further the negotiation process.
- Parsons Evergreene's post-hearing brief did not argue or identify evidence that the claim-preparation and REA-modification costs were incurred to materially further the negotiation process.
Parties
- Appellant
- Parsons Evergreene, LLC
- Respondent Agency
- Air Force
- Contracting Agency
- Air Force
- Contract Number
- FA8903-04-D-8703
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