Metro Machine dba General Dynamics NASSCO-Norfolk

Material Facts

• The Navy awarded NASSCO Task Order No. N00024-16-D-4408-0006 under Contract No. N00024-16-D-4408 to perform repairs on the USS Bulkeley.
• NASSCO awarded Purchase Order No. SL302379 to Advanced Integrated Technologies for repair services, including boat handling equipment repair.
• The Navy informed NASSCO that the boat handling repairs had not been timely completed and that the equipment remained inoperable.
• NASSCO and AIT entered into a Claim And Appeal Sponsorship Agreement incorporating NASSCO-Norfolk’s Military Ship Repair Programs General Terms and Conditions.
• The agreement provided that AIT would submit a written and certified claim or request for equitable adjustment concerning remission of the assessed liquidated damages and a time extension for Government-caused excusable delay.
• The agreement provided that NASSCO would review the sponsored claim and, in its sole discretion, submit it as a pass-through claim to the Contracting Officer.
• The subcontract terms provided that NASSCO could submit AIT’s claim to the Government in its sole discretion and conditioned an appeal using NASSCO’s name on protection of NASSCO’s independent rights or NASSCO’s written consent.
• AIT’s president, Carlton Spraberry, signed the claim certification submitted by NASSCO to the Navy.
• NASSCO’s Director of Contracts signed the transmittal letter sending the certification to the Navy.

Parties

Appellant

Metro Machine dba General Dynamics NASSCO-Norfolk

Respondent Agency

Navy

Contracting Agency

Navy

Contract Number

N00024-16-D-4408