60484

ECC International, LLC

November 16, 2018Judge Woodrow
Denied / Government PrevailedContract Interpretation

ECC International, LLC appealed a decision regarding its claim for costs due to the closure of the Friendship Gate, an access route to its construction site in Afghanistan. The Board denied the appeal, ruling that the contractor bore the risk of changes to base access requirements.

Material Facts

  • ECCI was awarded Contract No. W5J9LE-11-C-0045 for construction at Camp Shorab, Afghanistan.
  • The contract required ECCI to comply with security and access procedures in a wartime environment.
  • The Friendship Gate was used by ECCI for access to the project site until its closure by the U.S. Marine Corps in December 2012.
  • ECCI claimed 28 days of compensable delay and $1,652,958 in costs due to the closure of the Friendship Gate.
  • The contracting officer denied ECCI's REA, stating the closure was a decision made by the U.S. Marines and not by USACE.

Parties

Appellant
ECC International, LLC
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W5J9LE-11-C-0045
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