D&J Machinery, Inc.

Material Facts

• The Army Corps of Engineers awarded Contract No. W912EP-15-C-0022 to D&J Machinery on September 18, 2015.
• The contract was a firm-fixed-price contract intended to improve water deliveries within the Shark River Slough.
• The contract specifications included performance-based elements and required government approval for certain design elements.
• Appellant submitted a request for approval for a flowable fill concrete mixture, which the government responded to with specific requirements.
• The government indicated an apparent failure in the formwork for flowable fill and requested corrective action from the appellant.
• Appellant claimed that the contractual requirements for underwater placement of flowable fill were defective.
• The government denied appellant's claim in its entirety on January 3, 2019.

Parties

Appellant

D&J Machinery, Inc.

Respondent Agency

U.S. Army Engineer District, Jacksonville

Contract Number

Contract No. W912EP-15-C-0022