62422

IMC Construction Group

March 29, 2023Judge McLish
Sustained / Appellant PrevailedContract Changes / Constructive ChangesEquitable Adjustment (REA)

IMC Construction Group appealed the denial of its claim for an equitable adjustment related to a task order contract with the U.S. Army Corps of Engineers for a cooling tower upgrade system. The Board found in favor of IMC, granting the appeal for both entitlement and quantum.

Material Facts

  • IMC Construction Group appealed from a denial of its claim seeking $326,865 based on a task order contract with the U.S. Army Corps of Engineers.
  • The task order was for the installation of a cooling tower upgrade system at Maxwell Air Force Base.
  • The government informed IMC post-award that it was required to provide the DDC system by subcontracting with the government’s provider.
  • IMC submitted a proposal indicating it intended to self-perform 100% of the task order work.
  • The contracting officer concluded that the DDC work was included in the task order requirements and denied the claim.

Parties

Appellant
IMC Construction Group
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W91278-16-D-0037
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