ASBCA 57112

ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of-- ) ) EJB Facilities Services ) ASBCA No. 57112 ) Under Contract No. N44255-05-D-5 l 03 ) APPEARANCES FOR THE APPELLANT: Kenneth B. Weckstein, Esq. Shlomo D. Katz, Esq. Aiden J. Delgado, Esq. Brown Rudnick LLP Washington, DC APPEARANCES FOR THE GOVERNMENT: Ronald J. Borro, Esq. Navy Chief Trial Attorney Matthew S. Hawkins, Esq. Robyn L. Hamady, Esq. Trial Attorneys OPINION BY ADMINISTRATIVE JUDGE CLARKE EJB Facilities Services (appellant or EJB) appeals from the deemed denial of a claim for an additional $1,904,062.50 over and above the $2,480,044.24 allowed by the Navy in unilateral Modification No. A00028. We consider both entitlement and quantum. The Board issued an Order on Proof of Costs (POC). EJB submitted its Statement of Costs (SOC) and after various adjustments now seeks an additional $1,826,801.25. We have jurisdiction pursuant to the Contract Disputes Act of 1978 (CDA), 41 U.S.C. §§ 7101-7109. We deny the appeal. FINDINGS OF FACT 1. Contract No. N44255-05-D-5103 (5103) was awarded to EJB 1 on 1 August 2005 (supp. R4, tab 5). The contract amount was $405,270,351.64 and required EJB to perform base operation support services at various Navy facilities in the Western Puget Sound area of Washington State (supp. R4, tab 7 at 6732-35). The contract included various "annexes" to be performed which covered all aspects of the required support services (supp. R4, tab 7). 1 EJB is a joint venture consisting of EMCOR, J&J Maintenance and BMAR Associates.  2. The period of performance provided for a phase-in period, base year (1 February 2006 to 30 September 2006), four option years and three award options ending on 30 September 2013 (supp. R4, tab 13 at 9028-35). 2 3. Annex 1502000 (1502)- Facility Investment, required EJB to maintain the Central Monitoring System (CMS)/Direct Digital Control Systems (DDC) (CMS/DDC or simply CMS) 3 (supp. R4, tab 7 at 6854, ii 3.3.3), inspect and test the CMS/DDC (supp. R4, tab 7 at 6865, ii 3.4.4), and operate, monitor and respond to the CMS (supp. R4, tab 7 at 6867, ii 3.5.1). CMS operators were required to be capable of operating the CMS/DDC hardware/software and knowledgeable ofHVAC systems monitored by the CMS/DDC system (supp. R4, tab 7 at 6854). MAXIMO Database 4. Annex 0200000, ii 2.6.4, Government's Computerized Maintenance Management Systems (CMMS) requires in part: "The Contractor shall maintain records stored in the Government's CMMS current and accurate .... CMMS currently in use is MAXIMO" (supp. R4, tab 7 at 6751). EJB uses MAXIMO as its computerized maintenance management system (tr. 31169, 4/213-14). MAXIMO is a system to manage repair and maintenance of facilities and utilities (tr. 11115). MAXIMO allows one to search by employee number and get a "general idea" of what an individual was doing on a particular day (tr. 1/125-26). 5. Scott Graudin is Director of Systems Development for EJB. He maintains software programs and the MAXIMO system. (Tr. 4/213-14) Mr. Graudin explained that MAXIMO keeps track of work orders, material costs, subcontractor costs, purchase orders, invoices, job plans, type of hours worked, equipment inventory and preventive maintenance (tr. 4/253-55). 6. Mr. Graudin testified that a work order will be assigned based on the problem described by the customer reporting the problem and the customer may not know what the actual problem is. This can cause the work order to be assigned an incorrect code. (Tr. 4/264-67) JD Edwards Database (JDE) 7. JDE is the financial accounting system used by EJB (tr. 2/9, 3/170). The amount actually paid to a worker is recorded in JDE (tr. 2112, 3/170). JDE does not 2 This schedule was put in place by Mod. P00005 after a delay due to a post-award protest (supp. R4, tab 13 at 9030; gov't br. at 23). 3 CMS was changed to Control System (CS) and then to Industrial Control System (ICS) - the terms are interchangeable (tr. 1/89, 143-44). 2 contain detailed information about what a worker was doing during the time for which he was paid (tr. 2/12). CMS 8. The CMS is described in Mod. P00037, dated 20 September 2007, (supp.