AWA Wilson JV

Material Facts

• AWA entered into Contract No. W912QR-14-C-0010, a firm fixed price contract, with the government for work to be done at the Kingsolver/Pierce School in Fort Knox, KY.
• Range and Civil Construction, LLC (RACC) was hired as the earthwork subcontractor.
• During its performance in 2014, RACC encountered what it described as 'unsuitable subsurface soils' in greater quantities than what it expected based on its reading of the contract documents.
• By request for equitable adjustment (REA) dated March 30, 2015, AWA requested a price adjustment based on the alleged unsuitable soils.
• The government stated that it did not believe the REA had merit and requested additional analysis.
• AWA resubmitted the REA with additional analysis on July 5, 2016.
• The government denied the supplemental REA on January 5, 2016.
• The government again denied the REA on June 27, 2017.
• A formal meeting was held on October 26, 2017, between AWA and the government to discuss the issues in the REA.
• The government denied AWA's position memorandum on November 20, 2017.
• RACC submitted a request to AWA on January 2, 2018, that it sponsor a Contract Disputes Act (CDA) claim against the government.
• On April 20, 2018, AWA submitted its certified CDA claim in the amount of $911,522 to the government.
• The CO advised that the decision 'may' be expected on or before December 18, 2018.

Parties

Appellant

AWA Wilson JV

Respondent Agency

U.S. Army Engineer District, Louisville

Contract Number

W912QR-14-C-0010