63665

Walsh Turner Joint Venture II

May 8, 2025Judge Osterhout
DismissedContract Formation / ExistenceContract Changes / Constructive ChangesCDA Jurisdiction

Walsh Turner Joint Venture II appealed a dismissal by the U.S. Army Corps of Engineers regarding a claim related to COVID-19 safety protocols. The Board denied the government's motion to dismiss for lack of jurisdiction but granted the motion for failure to state a claim.

Material Facts

  • The government awarded firm-fixed-price Contract No. W912QR-21-C-0027 to 'Walsh-Turner JV II' on August 17, 2021.
  • The contract incorporated by reference FAR 52.243-4, CHANGES (JUN 2007).
  • During the COVID-19 pandemic, the President issued Executive Order 14042, which required contractors to be vaccinated.
  • The government issued a request for proposal (RFP) to Walsh-Turner JV II on November 3, 2021.
  • The RFP was rescinded on December 2, 2021, stating that a proposal was no longer required.
  • Appellant submitted its certified claim for $1,694.899.21 for increased steel costs on December 29, 2022.
  • The contracting officer issued a final decision denying the claim on April 13, 2023.

Parties

Appellant
Walsh Turner Joint Venture II
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
Contract No. W912QR-21-C-0027
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