GSC Construction, Inc.

Material Facts

• The Naval Facilities Engineering Command awarded Contract No. N69450-07-C-1770 to GSC Construction, Inc. on 28 December 2006.
• The contract was for the construction of a consolidated medical clinic at the Naval Weapons Station in Goose Creek, South Carolina, with an original completion date of 27 January 2009.
• Modification No. P00047 extended the completion date until 21 July 2010.
• A final performance evaluation dated 23 February 2011 rated GSC's overall performance as marginal.
• GSC's Vice President expressed disagreement with the final evaluation in a letter to the contracting officer on 18 March 2011.
• The contracting officer issued a second final performance evaluation on 20 May 2011, maintaining the marginal rating.
• GSC submitted an 18 September 2012 claim to the contracting officer challenging the final performance evaluation.
• GSC's claim alleged that the evaluation was not performed in accordance with the FAR and pertinent NAVFAC Instructions.

Parties

Appellant

GSC Construction, Inc.

Respondent Agency

Navy

Contracting Agency

Naval Facilities Engineering Command

Contract Number

N69450-07-C-1770