ASBCA 61180

ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of -- ) ) JAAA T Technical Services, LLC ) ASBCA No. 61180 ) Under Contract No. W912HN-I0-D-0063 ) APPEARANCE FOR THE APPELLANT: Mr. Rickey B. Barnhill Administrator APPEARANCES FOR THE GOVERNMENT: Michael P. Goodman, Esq. Engineer Chief Trial Attorney Laura J. Arnett, Esq. Allie E. Vandivier, Esq. Engineer Trial Attorneys U.S. Army Engineer District, Savannah OPINION BY ADMINISTRATIVE JUDGE OSTERHOUT This appeal arises from a dispute regarding Task Order No. 0001 (the task order) issued under Contract No. W912HN-10-D-0063 (the contract). The contract was a multiple award task order contract (MA TOC) between JAAAT Technical Services, LLC (JAAA Tor appellant), as well as other contractors, and the United States Army Corps of Engineers (USA CE or the government). The task order was to construct a 13,940 square foot single-story administrative and training facility for the United States Air Force at Pope Army Airfield (Pope AAF). The dispute concerned whether installing an access control system was included in the contract or added as an out of scope change after contract award. Appellant claimed that it incurred $392,187.00 and 159 days of compensable time because the access control system was an out of scope change to the contract. The government disagreed and argued that the requirement existed in the task order at the time of award. The parties elected to submit the appeal on the written record pursuant to Board Rule 11. This decision only concerns entitlement. For the reasons set forth below, we deny the appeal. FINDINGS OF FACT 1. On January 30, 2012, USACE, on behalf of Pope AAF, sent a request for proposal (RFP) for the task order to six MATOC contractors, including JAAAT (R4, tab 3 at 94). According to the RFP, the scope of work included: The construction of an approximately 13,940 sq ft single story administrative and training facility for the assigned i  U.S. Air Force unit. This project provides for a new concrete masonry unit facility with standing seam metal roof to house and facilitate the administrative and training functions for the 66th AOS, Det 1. Supporting facilities include site development & improvements, POV & unit parking space, Heating and Air conditioning systems, standard and secure information systems, electrical and water service coordination/connection with privatized utility owners, plumbing, fire protection and alarm systems, all in the provision of the facility space. Access for the handicapped is included in the design. (R4, tab 3 at 95, tab 7 at 172) 2. According to the RFP, the general scope of work included: The_work covered by these specifications consists of furnishing all plant, labor, equipment, materials, and supplies, and of performing all operations in connection with subject project in strict accordance with these specifications and drawings and subject to the terms and conditions of the contract. (Supp. R4, tab G-23 at 3249) 3. The contract contained clause 52.204-4004, CONTRACT ADMINISTRATION, which directed, "Administration of the delivery orders under this contract will be performed by the Contracting Office, . No changes, deviations, or waivers shall be effective without a modification of the contract executed by the Contracting Officer authorizing such changes, deviations or waivers." (R4, tab 9 at 350) 4.