Warrior Construction Services, Inc.

Material Facts

• The solicitation sought bids for a firm fixed-price contract to repair and rebuild Route 219 at White Sands Missile Range, New Mexico.
• The original drawings depicted an 18-foot-wide straight roadway section extending 0.60 mile and specified approximately 8,500 square yards of new asphalt.
• Amendment No. 1 added an 18-foot-wide L-shaped section extending 520 feet from Route 219 to a gate and added a drawing addressing concrete turn down curbs.
• The updated drawings retained the approximately 8,500-square-yard asphalt quantity and the construction-limits language despite adding the 520-foot section.
• Warrior attended the site visit, acknowledged Amendment No. 1 in its bid, and submitted its bid after receiving the updated drawings.
• Warrior later identified a discrepancy between the narrative description and drawings and proposed either a change order for additional paving or paving the 520-foot section at 18 feet wide.
• The government initially requested a proposal for the 520-foot section at 24 feet wide, and Warrior submitted a proposal for that work.
• The government subsequently agreed to an 18-foot width for the 520-foot side road while retaining a 24-foot width for the main road.
• Modification No. P00002 depicted the 520-foot asphalt section at 18 feet wide and reduced the required asphalt volume for that section.
• Warrior submitted a claim for costs arising from the 520-foot section, and the contracting officer denied the claim.

Parties

Appellant

Warrior Construction Services, Inc.

Respondent Agency

U.S. Army

Contracting Agency

U.S. Army

Contract Number

W911SG-25-C-A008