Contrack International, Inc.

Material Facts

• The U.S. Army Corps of Engineers awarded Contrack a contract for the design and construction of facilities for the Afghan National Army in Zabul Province, Afghanistan.
• The contract required performance within 540 days and incorporated FAR 52.236-3, SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK.
• Contrack experienced a 52-day delay due to vehicles owned by the Afghan National Army occupying the work area.
• The contracting officer issued Modification No. P00006, extending the performance period by 52 days but providing no additional compensation.
• There is a material dispute regarding the government's authority to move the vehicles, with the government asserting it lacked the authority, equipment, and manpower.

Parties

Appellant

Contrack International, Inc.

Respondent Agency

U.S. Army Engineer District, Middle East

Contract Number

W5J9LE-12-C-0017