General Dynamics - National Steel and Shipbuilding Company

Material Facts

• The United States Naval Sea Systems Command awarded Contract No. N00024-17-C-4426 to NASSCO for repairs and alterations during the drydocking phased maintenance availability of USS Makin Island.
• The contract was generally fixed-price and required NASSCO to perform defined work items.
• The contract also provided for reservations of labor and material at fixed rates for growth work that the government might assign in addition to the defined work.
• Work Items 21 through 26 addressed ship service diesel generators Numbers 1 through 6, D level, respectively.
• The disputed reservation clauses required 60 mandays of labor and 16,000 dollars of material to accomplish the applicable work item, as designated by the supervisor.
• The undisputed reservation clauses required 100 man days of labor and 50,000 dollars of material to accomplish additional work not already covered by the work item.
• NASSCO sought an equitable adjustment for work on Work Items 21 through 23 and 26 requiring more than the specified labor mandays or material costs.
• NASSCO identified a price workbook and contemporaneous government statements as extrinsic evidence concerning the meaning of the disputed reservation clauses.

Parties

Appellant

General Dynamics - National Steel and Shipbuilding Company

Contracting Agency

United States Naval Sea Systems Command

Contract Number

N00024-17-C-4426