59726

Hartchrom, Inc.

July 26, 2018Judge Osterhout
Denied / Government PrevailedContract Interpretation

Hartchrom, Inc. appealed the denial of its claim for costs associated with the removal of hazardous waste under Contract No. W911PT-14-D-0001. The Board denied the appeal for failure to state a claim upon which relief can be granted.

Material Facts

  • Hartchrom entered into Contract No. W911PT-14-D-0001 with the Army for chrome electroplating services.
  • Hartchrom discharged a sodium hydroxide solution into the IWTP, which had a pH of 10.5.
  • The government required Hartchrom to remove the nonconforming wastewater via a hazardous waste contractor.
  • Hartchrom's costs for the waste removal totaled $92,130.84.
  • The contracting officer denied Hartchrom's claim, stating that the two contracts were distinct and that the directions regarding waste removal came from the Partnership's management.

Parties

Appellant
Hartchrom, Inc.
Respondent Agency
Department of the Army
Contract Number
W911PT-14-D-0001
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