Dawson-Alamo1 JV, LLC

May 30, 2019Judge Wilson

Denied / Government PrevailedOther

Dawson-Alamo 1 JV, LLC appealed the contracting officer's deemed denial of its claim for additional work performed outside the statement of work. The Board denied the government's motion to dismiss the appellant's mutual mistake allegation.

Material Facts

The Air Force awarded Contract No. FA3047-10-D-OOI2 to Dawson-Alamo 1 JV, LLC for miscellaneous construction projects.
DAI was awarded Delivery Order (D035) for repair of the interior rooms at Lackland Air Force Base Building 150, valued at $2,500,000.
Modification No. 01 increased the price of D035 by $500,000 to $3,000,000.
Bilateral Modification No. 03 incorporated a revised comprehensive statement of work and increased the price of D035 by $347,335.14 to $3,347,335.14.
Appellant submitted a request for equitable adjustment (REA) for $465,521.98 for extra materials and work performed under the contract.
Appellant's REA stated that additional work was performed per the government's direction.
Appellant submitted a certified claim to the contracting officer requesting the same amount.
By email dated May 17, 2016, appellant appealed the deemed denial of its claim to the Board.

Parties

Appellant: Dawson-Alamo 1 JV, LLC
Respondent Agency: Air Force
Contract Number: FA3047-10-D-OOI2

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