59281

South Bay Boiler Repair, Inc.

January 19, 2017Judge Woodrow
Denied / Government PrevailedContract InterpretationSmall Business

South Bay Boiler Repair, Inc. appealed a contracting officer's final decision denying its claim for constructive changes and delays under a Navy contract for ship repair services. The Board denied the appeal, finding the contract met statutory requirements.

Material Facts

  • The contract was a firm-fixed-price, indefinite-delivery/indefinite-quantity contract for boatyard services awarded to SBBR.
  • The contract included provisions for managing and disposing of hazardous waste generated during the preservation process.
  • SBBR generated 44,185 lbs. of hazardous waste during performance, significantly less than the government's estimate of 275 tons.
  • The contract contained the standard FAR Changes clause and specific environmental and safety requirements related to hazardous materials.

Parties

Appellant
South Bay Boiler Repair, Inc.
Respondent Agency
Navy
Contract Number
N55236-09-D-0017
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