Betance Enterprises, Inc.

Material Facts

• The government awarded Single Award Task Order Contract No. W9128F-16-D-0003 to Betance Enterprises, Inc. on October 29, 2015, for construction at Fort Carson, Colorado in the maximum amount of $49,000,000.
• The government awarded Task Order W9128F17F0152 to BEI on September 22, 2017, in the amount of $1,268,180.55 for roof repairs.
• The government awarded Task Order W9128F18F0032 to BEI on December 12, 2017, in the amount of $937,665.65 for roof replacement.
• The government awarded Task Order W9128F18F0034 to BEI on December 14, 2017, in the amount of $800,147.77 for roof replacement.
• The government awarded Task Order W9128F18F0035 to BEI on December 15, 2017, in the amount of $1,177,804.93 for roof replacement.
• In June 2018 and August 2018, Fort Carson experienced hailstorms which caused damage to the roof repair and replacement work BEI was performing.
• By letters dated December 11, 2020, BEI submitted four separate claims for repair costs it allegedly had incurred for damage to its work under the task orders caused by the hail storms.

Parties

Appellant

Betance Enterprises, Inc.

Respondent Agency

U.S. Army Engineer District, Omaha

Contract Number

Contract No. W9128F-16-D-0003