Board of Contract Appeals General Services Administration Washington, D.C. 20405 GSBCA 15274 GRANTED; GSBCA 15268, 15270-73, 15275-78 GRANTED IN PART: April 17, 2001 GSBCA 15268, 15270, 15271, 15272, 15273, 15274, 15275, 15276, 15277, 15278 TWIGG CORPORATION, Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Randal W. Wax of Shapiro, Lifschitz and Schram, P.C., Washington, DC, counsel for Appellant. Gerald L. Schrader, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. Before Board Judges DANIELS (Chairman), NEILL, and GOODMAN. DANIELS, Board Judge (Chairman). Twigg Corporation (Twigg) supplied and furnished certain labor, equipment, and materials to and performed certain work for the General Services Administration (GSA) under a contract for the renovation of Federal Office Building Number 6, located at Fourth and C Streets, S.W., in Washington, D.C. During the course of construction, Twigg encountered several instances of site conditions which allegedly differed from what it expected based on its review of the contract drawings and specifications and a limited pre-bid survey of the site. Disputes arose between Twigg and GSA over the pricing of certain change orders (both additive and deductive) and alleged constructive change orders. Another dispute arose between the parties due to GSA's refusal to pay Twigg certain damages allegedly arising from Government-caused delay and/or delay impact which allegedly occurred during the performance of the contract. At various dates in 1998 and 1999, Twigg requested contracting officer's decisions on ten outstanding claims. On March 17, 2000, Twigg filed,with the General Services Board of Contract Appeals, appeals from the deemed denial of those ten claims. The appeals were docketed by the Board as GSBCA 15268, 15270, 15271, 15272, 15273, 15274, 15275, 15276, 15277, and 15278. The subject matter, date of claim submission, and claimed amount of these appeals are listed below: GSBCA Date of claim Claimed number Subject matter submission amount 15268 Asbestos removal procedures December 2, 1999 $ 92,494 15270 Ventilation of kitchen equipment June 23, 1999 2,927 15271 Relocation of GSA field office June 19, 1998 13,77 2 15272 Extended maintenance of air handling units February 19, 1999 17,007 15273 Under counter tube lighting July 19, 1999 2,756 15274 Adjustment to tray slides February 10, 1999 20,452 15275 Modification to cafeteria sneeze guard December 9, 1999 8,031 15276 Modification to gas shut-off valves Decem b e r 2, 1999 17,146 15277 Project schedule updates December 3, 1999 43,261 15278 Extended performance costs September 16, 1999 250,154 On April 13, 2001, the parties filed with the Board a joint motion for a stipulated award. The motion states that the parties have agreed to an entry of judgment in a specified amount for each of the ten cases. The motion also states that the parties will, upon issuance of a Board decision in these cases, immediately submit certificates of finality as to the decision. Decision The Board's decision in these cases is issued pursuant to Rule 136(e) (48 CFR 6101.36(e) (2000)). GSBCA 15274 is GRANTED. GSA shall pay to Twigg the amount of $20,452 in this case. Each of the remaining cases is GRANTED IN PART. GSA shall pay to Twigg the amount stated below in each of these cases: GSBCA 15268: $87,474 GSBCA 15270: 1,463.50 GSBCA 15271: 8,500 GSBCA 15272: 9,610 GSBCA 15273: 1,378 GSBCA 15275: 3,196 GSBCA 15276: 6,150 GSBCA 15277: 24,831 GSBCA 15278: 20,000. In each of the ten cases, GSA shall also pay to Twigg interest on the specified principal amount. Interest shall be at the rate established by the Secretary of the Treasury pursuant to Public Law 92-41[foot #] 1 (85 Stat. 97) for the Renegotiation Board, and shall run from the date on which the claim was submitted to the contracting officer (as listed above) until the date of payment. _________________________ STEPHEN M. DANIELS Board Judge We concur: _________________________ _________________________ EDWIN B. NEILL ALLAN H. GOODMAN Board Judge Board Judge ----------- FOOTNOTE BEGINS --------- [foot #] 1 The joint motion for stipulated award cites Public Law 94-41, but that is clearly a mistake. The provision of the Contract Disputes Act of 1978 which provides for payment of interest, 41 U.S.C. 611 (1994), refers to Public Law 92-41. Public Law 94-41 (89 Stat. 225) made continuing appropriations for various agencies for fiscal year 1976.