58634

Parsons Evergreene, LLC

January 23, 2019Judge Clarke
Denied / Government PrevailedQuantum / DamagesContract Changes / Constructive ChangesContract InterpretationEquitable Adjustment (REA)

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
Open Official Decision PDF (asbca.mil)AI-analyzed, grounded in the decision text. Verify against the official PDF before relying on it.

Full Legal Analysis

Create a free account to read the complete grounded legal brief for this decision, including the holding, every issue the Board decided, quantum, verified citations, and the case's citation graph.

Holding & Legal Reasoning

The Board's holding, background, and procedural posture for this decision.

Issues Presented

Every issue the Board decided, with its determination, reasoning, and supporting authority.

Quantum & Recovery

The claimed, awarded, and net dollar amounts at issue, itemized where the record supports it.

Verified Authorities & Citations

Every cited FAR, DFARS, CAS, and case-law authority, cross-checked against the source text.

Practitioner Takeaways

Practical guidance for contractors and counsel, distilled from the Board's ruling.

Similar Cases

Related decisions surfaced by semantic search across the full analyzed corpus.

Citation Graph

An interactive graph of this case's cited authorities, judge, agency, and related decisions.

Related Decisions

Same Judge

Same Year

Same Issue

Newsletter

New decisions every Monday

GovConDash Weekly lists the decisions GAO, the boards, the courts and SBA OHA released that week, alongside the FAR Overhaul deviations and proposed rules that reach every contractor. Free.

Free, weekly, and one click to unsubscribe. We send a confirmation email first. See our Privacy Policy.