PDO Ahuska Joint Venture LLC

Material Facts

• The United States Army awarded Ahuska a firm-fixed-price contract for the design and construction of a replacement multi-ply weatherproof membranes modified bitumen roof system for Building 210 at the Detroit Arsenal.
• SOW § 2.4.1.14.5 stated that the new roof shall have a wind uplift resistance for 120 mph wind speed and included a 20-year no-dollar-limit roof-system materials and installation workmanship warranty.
• SOW § 2.4.1.14.33 required roof-system material and workmanship warranties meeting specified requirements and required revision or amendment to the standard membrane-manufacturer warranty as necessary to comply with those requirements.
• SOW § 2.4.1.14.35 required the warranty to address damage occurring under the normal climatic and environmental conditions of the facility but did not define that phrase or identify a particular wind speed.
• The contract incorporated FAR 52.215-8's order-of-precedence provision.
• The government approved Ahuska's 100% design using Firestone as the membrane manufacturer.
• Firestone's membrane system met the 120-mph wind-speed requirement, but its standard warranty covered wind speeds of only 90 mph.
• The government required Ahuska to use James Manville as the membrane manufacturer.
• Ahuska's motion cited five cases, four of which the Board determined were fictitious.
• Ahuska withdrew all citations in its motion except Alliance Roofing.

Parties

Appellant

PDO Ahuska Joint Venture LLC

Respondent Agency

United States Army

Contracting Agency

United States Army

Contract Number

W56HZV20CL857