Pangea, Inc.

January 4, 2022Judge McIlmail

Partially SustainedQuantum / DamagesDelay / Disruption / SuspensionCPARS / Past-Performance Evaluation

Pangea, Inc. appealed several claims against the U.S. Army Corps of Engineers regarding a construction contract, resulting in a mixed outcome on cross-motions for summary judgment.

Material Facts

On September 28, 2017, the U.S. Army Corps of Engineers contracted for Pangea, Inc. to design and construct a pre-engineered metal building warehouse for $3,696,859.
The scheduled period of performance was 365 calendar days after notice to proceed, with a completion date of October 24, 2018.
Pangea submitted a Request for Contracting Officer’s Final Decision on a multi-issue, certified claim on October 17, 2019, requesting compensation of $983,067.73 and a time extension of 169 calendar days.
The claim was a request for reconsideration of the denial of six previously filed Requests for Equitable Adjustment (REA) and a previously issued Final Contractor Performance Assessment Reporting System (CPARS) Evaluation.
The government issued final decisions addressing the issues raised in REAs 2, 4, 6, and the Final CPARS Evaluation in March and August 2020.

Parties

Appellant: Pangea, Inc.
Respondent Agency: U.S. Army Corps of Engineers
Contract Number: Contract No. W912WR-17-C-0039

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