General Dynamics Information Technology

Material Facts

• GDIT was the prime contractor under an indefinite-delivery, indefinite-quantity contract supporting the Army's Infrastructure Modernization program.
• The Army issued Delivery Order No. BAO 1 on a firm-fixed-price basis for a communications-network upgrade at Fort Drum.
• GDIT subcontracted the required excavation work to InterCounty Excavation.
• The contract and Fort Drum procedures required GDIT to obtain excavation permits, comply with utility-locating procedures, and submit an excavation profile.
• Permit 3309 was approved for an original bore path across Mount Belvedere Boulevard.
• GDIT later shifted the bore path approximately 20 feet to connect to a proposed new maintenance hole.
• The revised path was outside the five-foot tolerance zone of the original marked bore path.
• The government had marked a communications locate near the original bore path, but GDIT's subcontractor did not locate the duct bank while potholing along that path.
• A government representative informed GDIT that it should obtain a new excavation permit for the revised path.
• GDIT excavated along the revised path without obtaining a new excavation permit and struck the communications duct bank.
• The utility strike damaged the duct bank and caused a communications outage at Fort Drum.
• GDIT performed repair work under Modification No. 10 and sought reimbursement through an REA and certified claim.

Parties

Appellant

General Dynamics Information Technology

Respondent Agency

Department of the Army

Contracting Agency

Army Contracting Command-Rock Island

Contract Number

W91QUZ-06-D-0025