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Harry Pepper and Associates, Inc.

November 3, 2021Judge O'Connell
Partially SustainedDefective SpecificationsContract Changes / Constructive ChangesDiffering Site Conditions

Harry Pepper and Associates, Inc. (HPA) appealed final decisions by a NASA contracting officer regarding claims for additional costs and time extensions related to construction work on the B2 Test Stand Restoration project. The Board partially sustained one appeal and denied the others.

Material Facts

  • NASA awarded HPA an indefinite delivery/indefinite quantity construction contract on August 3, 2012.
  • HPA was awarded a task order on January 9, 2014, for the B2 Test Stand Restoration in the amount of $36,577,459.
  • HPA performed an earlier contract on the B2 test stand and had access to the site for 15 months prior to the award of Work Package 3.
  • HPA filed appeals on behalf of its subcontractor, Quality Iron Fabricators, Inc., and its sub-subcontractor, River City Erectors, LLC.
  • The contract required HPA to weld structural steel shapes to the existing steel plates to reinforce the battleship.
  • HPA submitted multiple requests for equitable adjustments (REAs) due to various construction challenges.
  • NASA's contracting officer issued a final decision on March 27, 2019, denying HPA's claims beyond those paid in Modification No. 44.

Parties

Appellant
Harry Pepper and Associates, Inc.
Respondent Agency
National Aeronautics and Space Administration
Contracting Agency
National Aeronautics and Space Administration
Contract Number
Contract No. NNS14AA30T
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