63001

Frazier Investments, Inc. d/b/a Optimum Construction

March 13, 2023Judge Herzfeld
Denied / Government PrevailedEquitable Adjustment (REA)Accord & Satisfaction / Release / Waiver

Frazier Investments, Inc. d/b/a Optimum Construction appealed for an equitable adjustment due to alleged constructive changes by the Air Force during contract performance, which the Board denied.

Material Facts

  • The Air Force awarded contract No. FA2823-16-C-4036 to Optimum for $1,946,339.52 to replace the fire alarm control panel and fire suppression system.
  • The Air Force issued a notice to proceed on November 1, 2016, and informed Optimum that work would need to occur during nights and weekends.
  • Optimum proposed additional costs for changes in work requirements, which were negotiated with the Air Force.
  • The parties signed Modification No. P00001, which stated it was based on mutual agreement and constituted full satisfaction of rights to equitable adjustment.
  • Optimum later submitted a claim seeking $98,695, including costs from its subcontractor Pugh.

Parties

Appellant
Frazier Investments, Inc. d/b/a Optimum Construction
Respondent Agency
Department of the Air Force
Contract Number
FA2823-16-C-4036
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