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Harry Pepper and Associates, Inc.

December 10, 2020Judge Thrasher
Partially SustainedContract Changes / Constructive ChangesAccord & Satisfaction / Release / Waiver

Harry Pepper and Associates, Inc. appealed several decisions regarding claims related to a construction contract with NASA, primarily concerning notification procedures and claims for equitable adjustments. The Board denied the government's motion for summary judgment and granted the appellant's cross-motion for partial summary judgment.

Material Facts

  • NASA awarded Contract No. NNS12AA84B to HPA on August 3, 2012.
  • On January 9, 2014, NASA awarded HPA Task Order NNS14AA30T for restoration of the B2 Test Stand at the John C. Stennis Space Center, MS, valued at $36,577,459.
  • The contract included clauses requiring HPA to notify the contracting officer when it encountered circumstances contrary to contractual expectations.
  • HPA submitted several Requests for Information (RFIs) and Requests for Equitable Adjustments (REAs) related to changes in work and costs.
  • The CO issued unilateral Mod. No. 44 on August 10, 2018, allowing $415,356 for REA 1 and 4 combined.

Parties

Appellant
Harry Pepper and Associates, Inc.
Respondent Agency
NASA
Contract Number
NNS12AA84B
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