CBCA 7759

DENIED: April 30, 2024 CBCA 7759 LUSK MECHANICAL CONTRACTORS, INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Thomas E. Roma, Jr. of Manion Stigger LLP, Louisville, KY, counsel for Appellant. James Scott, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. Before Board Judges BEARDSLEY (Chair), GOODMAN, and KULLBERG. BEARDSLEY, Board Judge. This appeal arose from a contract between the appellant, Lusk Mechanical Contractors, Inc. (Lusk), and the General Services Administration (GSA) for a construction project in St. Croix, United States Virgin Islands (USVI). Lusk avers that it is entitled to an $839,616 equitable adjustment under the Federal Acquisition Regulation (FAR) Suspension of Work clause. 48 CFR 54.242-14 (2023) (FAR 54.242-14). We deny the appeal. CBCA 7759 2 Background In December 2019, the parties entered into a contract for $13,330,334 (later increased to $13,959,314) for “construction services to repair, replace, and/or modernize site/building elements and building systems” at the Almeric L. Christian Federal Building and United States Courthouse (the project) in St. Croix. Appeal File, Exhibit 1 at 19.1 The contract work required Lusk to provid[e] all labor, materials, tools and equipment necessary to replace all exterior lighting, replace the roof skylight, replace the roof gutter, modernize all elevators, replace all exterior windows, window shutters and interior glass and wood doors, upgrade the security fence, replace a full load generator and increase fuel tank capacity, replace chilled water piping insulation, and install a new well and domestic water filtration/treatment plant as well as associated work in mechanical, electrical and plumbing, as indicated on the drawings including all phasing and sequencing, as noted in the general and supplemental general conditions and general project requirements of Division 1. Id. The construction services were to be completed “while maintaining continuous operation of the existing building.” Id. The contract included Lusk’s contract pricing form, which included a $9600 “Daily Rate for Compensable Project Delay (Work Day),” id. at 7, and called for substantial completion of some tasks 199 days from the issuance of the notice to proceed and for other tasks 541 days from the issuance of the notice to proceed. Id. at 21. Among other provisions, the contract incorporated FAR clause 52.242-14, Suspension of Work (APR 1984). Exhibit 1 at 67. The clause, in relevant part, reads as follows: (a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government. (b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted . . . by an act of the Contracting Officer . . . an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension. . . . However, no adjustment shall be made under 1 All exhibits are found in the appeal file, unless otherwise noted. CBCA 7759 3 this clause for any suspension . . . to the extent that performance would have been so suspended . . . by any other cause. FAR 54.242-14.