62201-QUAN

AICI-Archirodon JV

February 26, 2025Judge Osterhout
Denied / Government PrevailedQuantum / DamagesStatutory Compliance

In ASBCA No. 62201-QUAN, AICI-Archirodon JV's appeal regarding the quantum of a contract adjustment was denied. The Board found the government's revised downward adjustment appropriate.

Material Facts

  • Contract No. W912ER-17-C-0014 was awarded to AICI-Archirodon JV on September 25, 2017.
  • The contract was a firm-fixed-price contract for the replacement of the Mina Salman Pier at Naval Support Activity, Bahrain.
  • The appellant shipped steel piles via a foreign-flag vessel without prior authorization, violating DFARS 252.247-7023.
  • The government initially adjusted the contract downward by $1,384,220, the cost of a U.S.-flag vessel quote.
  • The actual cost of shipping via the foreign-flag vessel was $278,633.65.
  • The government later revised the downward adjustment to $1,105,586.64 after considering the actual costs incurred by the appellant.

Parties

Appellant
AICI-Archirodon JV
Respondent Agency
U.S. Army Engineer District, Middle East
Contract Number
W912ER-17-C-0014
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