6181961820

Sand Point Services, LLC

January 13, 2021Judge Witwer
OtherContract Changes / Constructive ChangesDiffering Site Conditions

Sand Point Services, LLC appealed two decisions regarding a contract with NASA for repairs at the Wallops Flight Facility, alleging constructive changes and differing site conditions. The Board granted a motion to quash a subpoena directed to a surety and denied the appellant's motions as moot.

Material Facts

  • NASA entered into Contract No. NNG14WA50C with Sand Point Services, LLC to repair the Wallops Flight Facility's aircraft parking apron.
  • Sand Point Services alleged that NASA constructively changed the contract by initially waiving minor deviations from the specifications and then insisting on strict compliance.
  • The Board denied NASA's motions to dismiss and for summary judgment, concluding that the issues could be resolved without making factual determinations of fraud.
  • Fidelity and Deposit Company of Maryland furnished performance and payment bonds under the Miller Act related to the project.

Parties

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