ASBCA 63228

ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of - ) ) CJW Contractors Inc. ) ASBCA No. 63228 ) Under Contract No. N40085-16-D-0300 ) APPEARANCES FOR THE APPELLANT: Douglas L. Patin, Esq. Erik M. Coon, Esq. Bradley Arant Boult Cummings LLP Washington, DC APPEARANCES FOR THE GOVERNMENT: Craig D. Jensen, Esq. Navy Chief Trial Attorney Robyn L. Hamady, Esq. Trial Attorney OPINION BY ADMINISTRATIVE JUDGE SHACKLEFORD PURSUANT TO RULE 12.3 This appeal involves a dispute regarding the replacement of the heating system in Buildings 3, 4, and 5, at the Naval Support Activity in Mechanicsburg, Pennsylvania. CJW Contractors, Inc. (CJW) seeks to recover additional costs that it claims it incurred from furnishing and installing 52 20-foot long W6x15 steel I beams in Building 5. CJW argues that the Navy failed to (1) include a structural steel section or require Steel I beams in Building 5’s specifications despite explicitly referencing steel W and S beams, and (2) provide structural and mechanical design drawings free from latent ambiguities and contradicting design details. The Navy asserts that CJW improperly interpreted the contract by failing to read the drawings and specifications as a whole, and that any ambiguities in the contract documents were patent and thus imposed a duty upon CJW to inquire before the contract was awarded. We sustain the appeal. FINDINGS OF FACT 1. On December 7, 2015, the Navy awarded Contract No. N40085-16-D-0300 (the contract) to CJW. The contract was a multiple award construction contract for new construction, renovation, alteration, and repair projects primarily located in Pennsylvania. (R4, tab 1 at GOV0001) 2. The contract included a one-year base period with four option years. The guaranteed minimum award amount was $5,000, with an estimated construction cost for all contracts not to exceed $95,000,000 for the life of the contract. (R4, tab 1 at GOV0038) 3. The contract incorporated by reference Federal Acquisition Regulation (FAR) 52.236-21, SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997), which provides: Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer. (R4, tab 1 at GOV0057) 4. The contract included FAR 52.216-18, ORDERING (OCT 1995), which provides: All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (R4, tab 1 at GOV0059) 5.