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2009-1 1 (2010-06-16)

handle is hein.gao/gaobadouh0001 and id is 1 raw text is: JAMF.,S A. SPANGENBERG GOVERNMENT ACCOUNTABILITY OFFICE DAVID A. ASHM N Chairman CONTRACT APPEALS BOARD Vice C hairman 441 G Street, NW- Rn. 7182 W\ashington. DC 20548 (202) 512-3342 • cab gao.gov ) GRUNLEY CONSTRUCTION CO., INC. ) Appellant ) ) CAB No. 2009-1 v. ) ) ARCHITECT OF THE CAPITOL, ) Respondent ) Appearance for the Appellant: Herman M. Braude, Esq. Braude & Margulies, P.C. Appearances for the Respondent: Steven J. Gillingham, Esq. Department of Justice Peter M. Kushner, Esq. Architect of the Capitol DECISION Grunley Construction Co., Inc., appeals the final decision of the contracting officer of the Architect of the Capitol (AOC), denying its claim of $1,095,128 for costs incurred as a result of work restrictions imposed by the government during performance of a construction contract to modernize portions of the Supreme Court of the United States. Pending before the Board are the parties' cross-motions for summary judgment. For the reasons set forth below, the Board grants the AOC's motion in part and denies it in part, and grants Grunley's motion in part and denies it in part. BACKGROUND' On April 30, 2004, the AOC issued Grunley a fixed-price contract in the amount of $74,550,000, pursuant to request for proposals No. GS-03P-03 AOC-0002, to provide Phase I construction services to modernize portions of the Suprene Court. Rule 4, Tab 5, at R 047; Tab 9A, at R0080, The contract included mode-i'zation of the mechnical, e tr cal, fire protection, interior architectural, n wi-ndow systems of the Supreme Court main building and fit-out of an annex building. Ru e 4, Tab 10, at R0151. Although the heaviest concentration of work in the main building was in the basement, where the major mechanical and electrical rooms were located, work on the distribution systems for the mechanical, electrical, fire alarm, and sprinkler systems was the ari

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