6181961820

Sand Point Services, LLC

August 5, 2019Judge Sweet
Denied / Government PrevailedDiffering Site ConditionsContract Changes / Constructive ChangesCDA Jurisdiction

Sand Point Services, LLC appealed decisions regarding extra costs and delays from a contract with NASA for repairs at the Wallops Flight Facility, alleging differing site conditions and constructive changes. The Board denied NASA's motions to dismiss and for summary judgment.

Material Facts

  • NASA entered into Contract No. NNG14WA50C with SPS to repair the Wallops Flight Facility's aircraft parking apron.
  • SPS alleged it incurred extra costs and delays due to unsuitable soil, a differing site condition.
  • NASA issued a final decision stating that SPS released its differing site condition claim in a modification.
  • SPS signed Modification No. 000002 under threat of termination for default.
  • SPS admitted that the concrete texture and mooring eyes did not meet specifications but claimed these were minor issues.

Parties

Appellant
Sand Point Services, LLC
Respondent Agency
NASA
Contracting Agency
NASA
Contract Number
NNG14WA50C
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