Metro Machine dba General Dynamics NASSCO-Norfolk

Material Facts

• The Navy awarded NASSCO a multiple award task order contract for maintenance, modernization, and repair of U.S. Navy warships.
• The delivery order concerned overhaul of the USS Bulkeley and included repair of boat-handling equipment, including a davit, winch assembly, and control panel.
• The work item required use of a technical representative of North American Crane and Equipment, and identified North Pacific Crane Company as the known source for that representative.
• NASSCO subcontracted the boat-handling-equipment repair work to AIT.
• AIT installed and powered the SLAD control console without the OEM representative present, and incorrect wiring damaged the console's mother board.
• AIT improperly installed the brake assembly, and additional problems occurred with hydraulic hoses and solenoids.
• NASSCO issued a stop-work order to AIT and directly hired NPCC to complete the SLAD work.
• Modification 03 extended the completion date from February 17, 2017, to March 21, 2017.
• The Navy deemed the work complete on April 5, 2017.
• The contracting officer assessed 14 days of liquidated damages and later reduced the assessment to $334,425.
• NASSCO's internal investigation attributed the console and brake problems to AIT.

Parties

Appellant

Metro Machine dba General Dynamics NASSCO-Norfolk

Respondent Agency

Navy

Contracting Agency

Navy

Contract Number

N00024-16-D-4408