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Bid Language Did Not Support Contractor's Differing Site Condition Claim

Sunday, March 04, 2007 11:37 am

Bid Language Did Not Support Contractor's Differing Site Condition Claim

The ASBCA refused to let a contractor's failure to report baseline lead testing results operate as a condition precedent for recovery for other work the contractor performed.

The Air Force entered a fixed-price contract with Martinez International Corp. (MIC) to renovate an interior area of a hangar at Bolling Air Force Base in Washington, DC. Task Order 14 (TO-14) required that MIC demolish the hangar's concrete ceiling and office areas. MIC's bid included $14,995 for testing, analyzing, monitoring, protecting personnel, vacuuming, partitioning, air sampling and disposing of hazardous waste material resulting from lead paint disturbed during construction. The contract indicated that a [...]

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