Metro Machine dba General Dynamics NASSCO-Norfolk

Material Facts

• Contract No. N00024-16-D-4408 was an IDIQ contract for repair, maintenance, and modernization of non-nuclear U.S. Navy surface ships.
• MARMC awarded NASSCO Delivery Order N5005417FC028, CLIN No. 0004, requiring NASSCO to provide labor, materials, facilities, supervision, and equipment for USS TRUXTUN's maintenance, modernization, repair, docking, and undocking.
• The delivery order incorporated applicable Navy rules and regulations and restricted compliance with Government orders unless issued by the Contracting Officer or supported by specific contractual authority.
• NASSCO's written emergency procedures addressed failure of the ship's hauling or centering system and provided procedures for continuing or aborting a docking evolution.
• During the attempted October 9, 2017 docking, an inhaul cable parted when the ship was about one third into the dock.
• After the inhaul cable failure, NASSCO continued hauling in manual mode with the remaining inhaul cable.
• An outhaul cable later came off the reel and became fouled or bird caged.
• NASSCO's Dockmaster recommended cutting the fouled cable and continuing, but the Navy Docking Observer recommended cancelling the evolution and the MARMC Commanding Officer concurred.
• The cancellation occurred when the docking was approximately five hours behind schedule and the hauling system was operating in a degraded condition.
• NASSCO repaired the dry-dock, and USS TRUXTUN was successfully dry-docked on October 19, 2017.
• NASSCO's expert concluded that NASSCO had the approved processes, knowledge, skills, equipment, and ability to safely dry-dock USS TRUXTUN on October 9, 2017.
• NASSCO certified its claim in the amount of $576,912.

Parties

Appellant

Metro Machine dba General Dynamics NASSCO-Norfolk

Respondent Agency

Navy

Contracting Agency

Naval Sea Systems Command

Contract Number

N00024-16-D-4408