Islands Mechanical Contractor, Inc.

Material Facts

• In 2006, the Department of the Navy awarded IMC Contract No. N69272-06-C-0012, a firm-fixed-price contract to provide wastewater treatment system repairs at Naval Station Guantanamo Bay.
• IMC began performance in 2006.
• IMC alleges that it encountered differing and unforeseen site conditions and that NAVFAC provided defective plans and specifications.
• IMC alleges that it submitted requests for information (RFIs) to NAVFAC seeking guidance regarding how to proceed, but NAVFAC did not respond to all RFIs.
• On 3 April 2009, IMC placed all of its equipment on stand-by status due to the lack of response from NAVFAC.
• IMC alleges that the failure to respond to the RFIs caused delay and damages.
• IMC submitted a proposal to complete contract 0012 for $373,121.72, which NAVFAC has not accepted.
• On 29 July 2014, IMC resubmitted a request for equitable adjustment as a certified claim, seeking $2,151,801.86 in direct labor and equipment costs and $2,308,966.96 in indirect overhead costs.
• The second revised claim sought $1,494,996.09 in stand-by equipment costs and $479,382.79 in home office overhead costs.
• The appeal was dismissed for lack of jurisdiction because IMC's claims did not meet the sum certain requirement.

Parties

Appellant

Islands Mechanical Contractor, Inc.

Respondent Agency

Department of the Navy

Contract Number

N69272-06-C-0012