General Dynamics - National Steel and Shipbuilding Company

Material Facts

• The Navy awarded appellant a fixed-price contract for repair and alteration work during the Dry-Docking Phased Maintenance Availability onboard USS MAKIN ISLAND.
• The contract's work items identified Government Furnished Material and did not place fabrication responsibility for that material on appellant.
• Appellant did not include amounts for fabrication of Government Furnished Material in its proposal.
• The Navy issued Requests for Contract Change requiring appellant to provide 17 work items comprising over 11,000 line items of material as Contractor Furnished Material rather than Government Furnished Material.
• The Requests for Contract Change were marked "For Pricing Only" and described appellant's responsibilities in terms of "Procure Material."
• The contracting officer later asserted that prefabrication requirements were included in the base contract and directed appellant to perform those requirements.
• The contracting officer subsequently asserted that 359 items of the converted Contractor Furnished Material should have been priced by appellant, including prefabrication efforts.
• Appellant submitted a certified claim concerning the fabrication requirements placed on it by the Navy, and the contracting officer did not respond.

Parties

Appellant

General Dynamics - National Steel and Shipbuilding Company

Respondent Agency

Navy

Contracting Agency

Naval Sea Systems Command, Department of the Navy (NAVSEA)

Contract Number

N00024-17-C-4426