ASBCA 61871

ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of - ) ) Meltech Corporation, Inc. ) ASBCA No. 61871 ) Under Contract No. W912DR-14-D-0021 ) APPEARANCES FOR THE APPELLANT: Leonard A. Sacks, Esq. Leonard A. Sacks & Associates, P.C. Rockville, MD Fred A. Mendicino, Esq. Faughnan Mendicino PLLC Dulles, VA APPEARANCES FOR THE GOVERNMENT: Michael P. Goodman, Esq. Engineer Chief Trial Attorney Adam J. Kwiatkowski, Esq. Engineer Trial Attorney U.S. Army Engineer District, Baltimore OPINION BY ADMINISTRATIVE JUDGE CATES-HARMAN This appeal arises from a contract between Meltech Corporation, Inc. (“Meltech” or “appellant”), and the U.S. Army Corps of Engineers (“USACE” or “government”), specifically a Multiple Award Task Order contract that included both Design-Build and Design-Bid-Build construction projects within the Baltimore District Area of Responsibility, and the September 30, 2014, award by USACE of a Firm- Fixed-Price Task Order No. 0002 to Meltech for all costs in connection with the renovation, design, and construction of Building 8609, located at Ft. Meade, MD. This appeal is related to fifteen total appeals that were consolidated. 1 This appeal involves Meltech’s challenge to the government credit taken on the 24-gauge panels for the metal roof. 1 ASBCA Nos. 61694, 61706, 61762, 61763, 61764, 61765, 61766, 61767, 61768, 61869, 61870, 61871, 61872, 62091, 62987. The lead appeal is ASBCA No. 61694. Thirteen appeals were heard by the Board, and two appeals were resolved on summary judgment. On December 17, 2021, a decision on summary judgment was issued in ASBCA Nos. 61706 and 61768. On July 16, 2025, a decision was issued in ASBCA Nos. 61766, 61767 and 61872. On January 6, 2026, a decision was issued in ASBCA No. 61765. On January 16, 2026, a decision was issued in ASBCA Nos. 61762 and 61764. Familiarity with those decisions is presumed.  The Board has jurisdiction over these appeals under the Contract Disputes Act of 1978, 41 U.S.C. §§ 7101-7109. A nine-day hearing was held via videoconference. For the reasons stated below, we deny the appeal. FINDINGS OF FACT Contract and Task Order 1. On June 10, 2014, USACE issued a Request for Proposals (RFP) for a Multiple Award Task Order Contract (MATOC) that included design-build and design-bid-build construction projects within the Baltimore District area of Responsibility. This was Phase 1 of a two-phase construction procurement. (Joint Stipulations of Fact, General Background (JSOF GB) ¶ 1; R4, tab 2) 2. The MATOC included renovating several similar dormitory buildings at Fort Meade, including Building 8609 (JSOF GB ¶ 3). 3. On August 14, 2014, USACE issued Amendment 0003 to RFP W912DR- 14-R-0003 for two seed projects under the MATOC to provide Design Criteria for the Design-Build renovation of Building 8609 at Fort Meade and Building 4501 at Aberdeen Proving Ground. Each task order was to be awarded separately. (JSOF GB ¶ 7) 4. On September 15, 2014, Meltech submitted its technical and cost proposals for Building 8609’s renovation. Meltech’s proposal included a preliminary schedule. According to this schedule, the design period would begin on November 18, 2014, and end on June 4, 2015. The construction period would begin on May 29, 2015, and end on April 26, 2016. (JSOF GB ¶¶ 11, 12) 5. On September 29, 2014, USACE awarded Meltech Base Contract No. W912DR-14-D-0021. On September 30, 2014, USACE awarded Task Order Contract No. 0002 to Meltech for the renovation of Building 8609 at Fort Meade. The Task Order Contract provided Meltech with a 540-calendar day performance period beginning from the Notice to Proceed date. The Notice to Proceed was issued on November 17, 2014, and the original completion date was May 10, 2016. (JSOF GB ¶¶ 13-16) Design Criteria 6.