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 2018-1 B.C.A. (CCH) P37,137; 2018 ASBCA LEXIS 259

Armed Services Board of Contract Appeals

September 5, 2018

ASBCA No. 58634



This appeal 1 involves the design and construction of a Temporary Lodging Facility and Visitor Quarters at McGuire Air Force Base (MAFB), New Jersey. The project was a. "Design-Build Plus" arrangement having two phases: the concept definition phase and the completion of design and construction phase. Appellant, Parsons Evergreene, LLC's (PE's' or Parsons'), claims arise out of the second phase. PE claims $ 28,843,173 based on a variety of problems it experienced. As discussed at the end of this decision, we have jurisdiction pursuant to the Contract Disputes Act of 1978 (CDA), 41 U.S.C. §§ 7101-7109. We sustain in part and deny in part. We [**2]  sustain in the amount of $ 10,519,082.


Temporary Lodging Facility (TLF) & Visiting Quarters (VQ) Project at MAFB

1. The TLF/VQ project is located on MAFB. The TLF facility provides a 50-unit transitional housing facility for military and civilian personnel until permanent housing can be obtained. It includes one and two bedroom units with living room, dining/kitchen, bath and storage. The VQ is a 175-unit facility similar to a hotel with individual rooms with private baths. (R4, tab 7 at 20 2 ) The project employed a "Design-Build-Plus 03" 3 (DBP03) process that integrated the DBP03 contractor, a contractor with experience in construction, with [**3]  the concept definition contractor, a contractor with experience in architectural design (id. at 19, 21).

Concept Definition (CD) 4 

2. The CD contractor for the MAFB TLFNQ project was Michael Baker &. Associates (Baker) 5 (tr. 5/8-10, 11/60; R4, tab 20C at 10). 6 The CD effort focused on "site, civil and architectural" design with "varied levels of development within structural, mechanical, electrical and fire protection/detection" (id.). The objective of the CD phase was to produce a 35% design that would be used to award the design completion and construction contract.  [**4]  

3. Between 4 August 2003 and 27 February 2004, the Air Force Materiel Command (AFMC) issued task orders TG17 and TG31 to Contract No. F41622-02-D-0003 (contract 0003) 7 in the total amount of $ 255,276 for DBP03 services to Parsons Infrastructure & Technology Group Inc., San Antonio, Texas (PI&T) (R4, tab 20 at 1, tab 20A at 1-2, tab 2013 [**5]  at 1, 6, tab 20C at 1-2). PI&T was a business unit of Parsons responsible for management and business growth in Parson's government contracting business. It exists today under a different name not identified in the record. (Tr. 1/110-11) Under TG17 and TG31, PI&T was to provide architectural and engineering services to Baker to develop the 35% design package for the TLFNQ (tr. 1/121; R4, tab 20C at 8). PI&T was the "DB + A-E" (Design Build Plus - Architectural  [*180734]  & Engineering) contractor supporting Baker (R4, tab 20C at 8). Specifically PI&T was to provide "surveys, site analysis, constructability. reviews, design review comments, attendance at conferences for comment resolution, and project cost validation" (id. at 9).

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 2018-1 B.C.A. (CCH) P37,137 *;  2018 ASBCA LEXIS 259 **

Appeal of -- Parsons Evergreene, LLC

Subsequent History:

Reconsideration denied by Appeal of Evergreene, 2019 ASBCA LEXIS 27 (A.S.B.C.A., Jan. 23, 2019)

Prior History:

Appeal of Parsons Evergreene, LLC, 2018 ASBCA LEXIS 258 (A.S.B.C.A., Sept. 5, 2018)


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