5928060760

Environmental Chemical Corporation

July 15, 2022Judge Thrasher
Partially SustainedContract Changes / Constructive ChangesDelay / Disruption / SuspensionDCAA InvolvedDCMA Involved

Environmental Chemical Corporation appealed two claims regarding the installation and subsequent removal of internal wiring for a contract in Afghanistan, which were denied by the Air Force Contract Officers. The Board sustained both appeals, awarding damages for the removal and replacement of wiring and for compensable delays.

Material Facts

  • The U.S. Air Force awarded Contract No. FA8903-06-D-8511 to ECC on April 12, 2006.
  • Task Order No. 0056 was awarded to ECC for the design and construction of two Headquarters Buildings in Afghanistan.
  • ECC used Vatan electrical wire, which was not on the pre-approved list but was previously accepted by the COR.
  • The government assessed liquidated damages of $429,906 due to delays in project completion.
  • ECC filed a Request for Equitable Adjustment (REA) for $1,138,669, which was denied by the government.

Parties

Appellant
Environmental Chemical Corporation
Respondent Agency
Department of the Air Force
Contract Number
FA8903-06-D-8511
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