Derian, Inc.

Material Facts

• Derian, Inc. was awarded a contract by the United States Army Corps of Engineers to construct oil water separator systems and install new turbine pit sump pumps.
• The government partially terminated the contract for convenience, removing the requirement to install remaining pumps.
• Derian submitted a certified claim asserting a Request for Equitable Adjustment (REA) listing actions that created contract changes and delays.
• The government issued a COFD finding merit or partial merit to four of the 11 REA claims and asserting a claim for liquidated damages.
• The Board denied three of Derian’s equitable adjustment claims but partially granted its claim for increased costs due to a change in pump plate requirements.

Parties

Appellant

Derian, Inc.

Respondent Agency

U.S. Army Corps of Engineers

Contract Number

W912EF-19-C-0006