UNIT Company

Material Facts

• The government awarded Task Order 0001 to UNIT on 11 May 2011 for the construction of a battle command training center.
• The contract was for a firm-fixed price of $20,025,555.00.
• The contract incorporated FAR 52.236-21, which requires prompt submission of discrepancies to the contracting officer.
• UNIT subcontracted with Klebs Mechanical to perform mechanical work, including installation of air handling units (AHUs) and computer room air conditioning units (CRACs).
• UNIT asserted that the contract drawings lacked necessary engineering design information for the installation of the AHUs and CRACs.
• UNIT and Klebs submitted multiple requests for information (RFIs) to the government regarding the AHUs and CRACs.
• The government responded to the RFIs but did not acknowledge any deficiencies in the specifications.
• UNIT submitted a request for equitable adjustment (REA) on 28 July 2014, which was the first notice the contracting officer received regarding the alleged deficiencies.
• The contracting officer denied the claim on 19 February 2016, leading to the appeal.

Parties

Appellant

UNIT Company

Respondent Agency

U.S. Army Engineer District, Alaska

Contract Number

W911KB-07-D-0014