Flatiron/Dragados/Sukut Joint Venture

Material Facts

• The government awarded Contract No. W91238-17-C-0025 to FDS for the Isabella Lake Dam Safety Modification Project.
• The contract incorporated the FAR clauses 52.233-3 and 52.242-14.
• The contracting officer directed FDS to suspend performance pending resolution of a bid protest.
• FDS submitted a request for an equitable adjustment seeking $9,812,107 due to delays and additional costs from the bid protest.
• The contracting officer issued modifications extending the contract performance period and awarding FDS $133,716 for costs incurred during the stop work period.
• FDS converted its REA into formal CDA claims, which were partially denied by the contracting officer.
• FDS appealed the contracting officer's decisions to the ASBCA.

Parties

Appellant

Flatiron/Dragados/Sukut Joint Venture

Respondent Agency

U.S. Army Engineer District, Sacramento

Contract Number

Contract No. W91238-17-C-0025