StructSure Projects, Inc.

December 2, 2021Judge Eyester

Denied / Government PrevailedContract Formation / ExistenceAuthority of Government Agents

StructSure Projects, Inc. appealed a contracting officer's final decision denying its claim for costs associated with temporary phasing facilities. The Board denied the government's motion to dismiss the appeal.

Material Facts

USACE awarded multiple award task order contract No. W9127S-17-D-6004 to StructSure for design-build construction services.
StructSure's subcontractor for the temporary phasing facilities was Sustainable Modular Management.
The government issued several notices stating that the task order award was designated non-mission essential.
StructSure submitted a request for equitable adjustment stating it incurred extended rental costs.
The agency denied the REA, and StructSure submitted a claim seeking reimbursement for the same costs.
The claim was certified by C. Kevin Rogers, chief executive officer of StructSure.
On March 30, 2021, USACE issued a contracting officer's final decision denying the claim.
StructSure filed a notice of appeal on May 14, 2021, signed by its project manager, Matt Callaway.
The Board issued an Order on May 20, 2021, directing StructSure to show proper representation.
Michael S. Alfred, Esq., entered a notice of appearance as counsel for Sustainable Modular Management, which was prosecuting the appeal in the name of StructSure.

Parties

Appellant: StructSure Projects, Inc.
Respondent Agency: U.S. Army Corps of Engineers
Contract Number: W9127S-17-D-6004

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