Cardinal Contracting Co., LLC

Material Facts

• Cardinal and the Air Force entered an indefinite delivery/indefinite quantity contract for construction and repair of asphalt, including milling and paving.
• The Air Force issued a task order for Cardinal to repave two parking lots at Joint Base McGuire-Dix-Lakehurst, New Jersey, with a one-year performance period through September 29, 2020.
• Cardinal had mobilized paving equipment at the base when the installation commander declared a COVID-19 public health emergency.
• The contracting officer suspended Cardinal's performance, designated Cardinal non-mission essential, and directed it to refrain from being physically present on base.
• An emergency access policy would have permitted Cardinal to retrieve its idle paving equipment, but the contracting officer and contracting officer's representative did not know about that policy.
• Cardinal's April 7 entry authority list submission stated that it sought to renew passes to continue performing the contract and did not state that it sought access to retrieve idle equipment.
• On May 21, the Air Force deemed Cardinal mission essential and directed it to continue performing.
• Cardinal's April 7 entry authority list remained in effect under the contract until Cardinal submitted a new entry authority list.
• Cardinal submitted a new entry authority list on June 3 and learned on June 12 that it had access to the work site, materials, and equipment.
• Cardinal did not restart performance until June 26 and attributed the additional delay to maintenance required for equipment that had remained idle.
• Cardinal completed the task-order work on September 15, 2020, within the original completion period.

Parties

Appellant

Cardinal Contracting Co., LLC

Respondent Agency

Department of the Air Force

Contracting Agency

Air Force

Contract Number

FA4484-14-D-0004