K&K Industries, Inc.

Material Facts

• The government awarded the contract in the amount of $5,648,573.58 to K&K for rehabilitation of the east and west floodgates.
• The contract price was adjusted upward to $9,689,562.92 through modifications.
• K&K completed the work required by the contract on the west side gates, which is not at issue in this appeal.
• K&K's claim arises from repair work to the east gate's lower stationary hinge casting.
• K&K discovered cracks in the casting and the government decided to use a spare casting instead.
• K&K submitted multiple requests for information regarding the spare casting and received government approval.
• The installation of the spare casting faced alignment issues, leading to delays.
• K&K's claim included additional labor costs, equipment costs, and overhead due to the delays.
• The government did not dispute the labor rates or the equipment rates claimed by K&K.
• The contracting officer's final decision awarded $37,600 for consulting fees incurred prior to October 27, 2015.

Parties

Appellant

K&K Industries, Inc.

Respondent Agency

U.S. Army Engineer District, Galveston

Contract Number

W912HY-ll-C-0009