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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

Opinion

 [*180733]  OPINION BY ADMINISTRATIVE JUDGE CLARKE

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.

FINDINGS OF FACT

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)

CORE TERMS

tab, drawings, site, costs, progressive, collapse, brick, bid, acceleration, differing, organic, email, contractor, subcontractors, paint, layer, pond, conditions, notice, fill, estimate, inspection, buyout, pipe, questions, markup, change order, asbestos, delays, bidders