Betance Enterprises, Inc.

Material Facts

• The government issued Solicitation No. W9128F-15-R-0016 for a firm-fixed-price Design-Build Single Award Task Order Contract for construction at Fort Carson, Colorado.
• The contract incorporated by reference FAR 52.236-7, which states the contractor is responsible for all materials delivered and work performed until completion and acceptance.
• The government awarded Task Order W9128F-17-F-0152 to BEI for roof repairs on September 22, 2017.
• Hailstorms on June 13, 2018 and August 6, 2018 damaged roof repair and replacement work BEI was performing.
• BEI submitted requests for equitable adjustment for additional costs incurred due to hailstorm damage.
• The contracting officer issued final decisions denying BEI’s claims on August 19, 2021.

Parties

Appellant

Betance Enterprises, Inc.

Respondent Agency

U.S. Army Engineer District, Omaha

Contract Number

Contract No. W9128F-16-D-0003