Shoreline Foundation, Inc.

November 17, 2023Judge O'Connell

Denied / Government PrevailedDelay / Disruption / SuspensionCDA Jurisdiction

Shoreline Foundation, Inc. appealed decisions related to delays and liquidated damages under Contract No. W912EP-16-C-0027. The Board granted the government's motion to dismiss part of the appeal for lack of jurisdiction.

Material Facts

USACE awarded Contract No. W912EP-16-C-0027 to Shoreline Foundation, Inc. on September 29, 2016.
The contract required the appellant to establish a 4.8-acre artificial reef off the coast of Brevard County, Florida.
A bid protest was filed by another contractor on October 6, 2016, which was resolved without changing the award.
Shoreline Foundation, Inc. submitted a request for equitable adjustment on November 15, 2017, seeking $237,882.60 and 54 days of delay related to the bid protest.
The Contracting Officer denied the REA on March 9, 2018, stating it was not a final decision.
On October 21, 2020, Shoreline Foundation, Inc. submitted a certified claim seeking $2,838,231 and a 245-day time extension.
The claim cited defective specifications and superior knowledge as causes of delays.
The Contracting Officer denied the claim on March 26, 2021, leading to the appeal docketed as ASBCA No. 62876.
A second final decision assessed liquidated damages of $249,690 due to delays beyond the revised completion date.

Parties

Appellant: Shoreline Foundation, Inc.
Respondent Agency: United States Army Corps of Engineers
Contract Number: W912EP-16-C-0027

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