ASBCA 60273

ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of -- ) ) E.C. London & Associates, Inc. ) ASBCA No. 60273 ) Under Contract No. FA2816-05-D-OOO 1 ) APPEARANCE FOR THE APPELLANT: Theodore P. Watson, Esq. Watson & Associates, LLC Aurora, CO APPEARANCES FOR THE GOVERNMENT: Jeffrey P. Hildebrant, Esq. Air Force Deputy Chief Trial Attorney Lawrence M. Anderson, Esq. Trial Attorney OPINION BY ADMINISTRATIVE JUDGE YOUNGER In this deemed denied appeal, appellant E.C. London & Associates, Inc. (London or appellant) seeks payment for alleged extra-contractual work on a contract for window cleaning and base custodial services. Both parties have elected to submit their cases on the record under our Rule 11. Both entitlement and quantum are before us. We sustain the appeal in part and deny it in part. FINDINGS OF FACT A. The Contract 1. By date of 28 December 2004, the Air Force awarded appellant Contract No. FA28l6-05-D-OOO1 (the contract) to appellant for window cleaning and general base custodial services at the Los Angeles Air Force Base (R4, tab 1; Joint Stipulation of Facts (J.S. ii 16)). The contract was a firm-fixed-price, indefinite-quantity contract, which included one base period (January 2005 to September 2005), and four option periods, each one year in length (J.S. ii 18). The Air Force subsequently exercised all four option periods, and the last one continued through September 2009 (J.S. iii! 18-19, 53-54). 2. The contract incorporated numerous standard clauses by reference, including FAR 52.232-25, PROMPT PAYMENT (FEB 2002); FAR 52.233-1, DISPUTES (JUL 2002); and FAR 52.243-1, CHANGES-FIXED-PRICE (AUG 1987), ALTERNATE II (APR 1984) (R4, tab 1 at 58). 3. The contract contemplated that the square footage of window surfaces to be cleaned might vary when older buildings were tom down and replacement buildings constructed. Thus, the contract's Schedule contained Section B.4, Estimated Window  Cleaning and Base Carpet and Rug Cleaning and Shampooing Square Footage. Section B.4 listed the contract line item numbers (CLINs) in the contract by base period and option periods, by period of performance for each, and by average semi-annual square footage. It provided in part: The square footage indicated in CLINs 0004 [Base Exterior Window Cleaning Services] and.0005, and respective options CLINs if exercised, is an estimated number of square feet based on cleaning all windows .. .in the buildings.... The average semi-annual square footage takes into account that old facilities and new facilities are of different size. Therefore, the actual quantity of square feet to be ordered for cleaning in any 6-month period may be higher or lower than the average semi-annual square footage. Task order will indicate how many square feet are ordered for cleaning each semi-annual period. (R4, tab 1 at 3-4) 4. The contract divided the window cleaning services into those to be performed on the interior of designated buildings, and those to be performed on the exterior (J .S. ~~ 21, 23 ). 5. By Amendment No. 03 dated 30 September 2006, the Air Force added three buildings, designated as Buildings 270, 271 and 272 to the contract (R4, tab 2 at 1-2; J.S. ~ 40). No contract amendment or modification addressed the glass square footage of Buildings 270, 271, or 272 (J.S. ~ 41). B. Interior Window Cleaning 6. The contract contained a Performance Work Statement. In paragraph 2.3.2, Clean Interior Windows, it provided: "Clean glass surfaces that are over seven (7) feet high. After surfaces have been cleaned, all traces of film, dirt, smudges, water and other foreign matter shall be removed from frames, casings, sills, and glass." (R4, tab 4 at 8, tab 37 at 8) 7. CLIN 0003 "Base Custodial Services - [Los Angeles Air Force Base] and Ft Mac" provided that "[t]he Contractor shall accomplish the work set forth in the Performance Work Statement for Base Custodial Services, except [certain paragraphs] for all buildings located at LAAFB and Fort Mac Arthur, except the Medical Clinics in Buildings 30 and 210" (J.S. ~ 22). 8.