CBCA 5240

DENIED: January 9, 2017 CBCA 5240 BLUEGRASS CONTRACTING CORPORATION, Appellant, v. DEPARTMENT OF TRANSPORTATION, Respondent. Dave Luttrell, Vice President of Bluegrass Contracting Corporation, Lexington, KY, appearing for Appellant. Grace Reidy, Office of Chief Counsel, Federal Highway Administration, Department of Transportation, Washington, DC, counsel for Respondent. Before Board Judges DANIELS (Chairman), SOMERS, and GOODMAN. SOMERS, Board Judge. Bluegrass Contracting Corporation (Bluegrass) entered into a contract with the Department of Transportation, Federal Highway Administration (the Federal Highway Administration or the Government), to repair and improve drainage chases and to mill and overlay asphalt roadway at the Devil’s Courthouse Tunnel along the Blue Ridge Parkway in North Carolina. On October 7, 2015, Bluegrass submitted a claim for $71,522 for additional costs incurred during the project. Upon denial of its claim, Bluegrass submitted its appeal. CBCA 5240 2 The parties have elected to submit this appeal for decision on the written record pursuant to CBCA Rule 19, 48 CFR 6101.19 (2015).1 The record consists of appellant’s notice of appeal, which has been designated by appellant as its complaint, the Government’s answer, Bluegrass’s single-paged memorandum of law, the Government’s memorandum of law, and the appeal file. We deny Bluegrass’s appeal. Findings of Fact The Government issued a solicitation for contractors to “repair deteriorated drainage chases, drainage improvements, mill and overlay of approximately 1,068 linear feet of asphalt roadway and other miscellaneous work.” The solicitation incorporated the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03) U.S. Customary Units, U.S. Department of Transportation, Federal Highway Administration (Standard Specifications). It also included Schedule A (the bid schedule), with blanks for quantities and prices to be completed by the bidder, and Section J (Special Contract Requirements). The special contract requirements amended and supplemented the standard specifications. I. Standard Specifications and the Bid Schedule Standard Specifications section 552 (Structural Concrete) described the requirements for “furnishing, placing, finishing, and curing concrete in bridges, culverts, and other structures.” Subsection 552.03 required the contractor to design and produce concrete mixtures that conformed to standard specifications. Subsection 552.21 provided that quantities accepted for work under section 552 “will be paid for at the contract price per unit of measurement for the section 552 pay items listed in the bid schedule . . . . Payment will be full compensation for the work prescribed in this section.” The special contract provisions supplementing this subsection instructed the contractor to “repair concrete lining using shotcrete according to Section 566.”2 1 Under this Rule, the parties are entitled to include in the written record (1) any relevant documents or other tangible things they wish the Board to admit into evidence; (2) affidavits, depositions, and other discovery materials that set forth relevant evidence; and (3) briefs or memoranda of law that explain each party’s positions and defenses. See 48 CFR 6101.19. 2 The term “shotcrete” is used to describe a construction technique in which mortar or concrete is pneumatically applied or sprayed. See Guide to Shotcrete (ACI 506R-16) American Concrete Institute, June 2016, www.concrete.org/Portals/0/Files/PDF/Previews/506R_16_preview.pdf. CBCA 5240 3 The bid schedule listed the item number, pay item number, description, quantity, unit, unit price, and amount on a chart. The contract line items here followed the numerical pattern of the sections set forth in the standard specifications. Thus, item 55205-000, which identified work arising from Standard Specifications section 552 , required the contractor to repair concrete through (1) full-depth patching, (2) partial depth patching, and (3) failed lining patch repair.