ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeals of — )
Red Sea Engineers & Constructors, Inc. )
Under Contract No. W91B4M-09-C-7340 )
APPEARANCES FOR THE APPELLANT:
APPEARANCES FOR THE GOVERNMENT:
ASBCANos. 57448, 57589, 57590
57591, 57592, 57593
R. Dale Holmes, Esq.
Louisville, KY
Terence J. Kelley, Esq.
New Bern, NC
Neil Kelley, Esq.
Seattle, WA
Raymond M. Saunders, Esq.
Army Chief Trial Attorney
MAJ Joon K. Hong, JA
MAJ Samuel E. Gregory, JA
MAJ K.L. Grace Moseley, JA
Trial Attorneys
OPINION BY ADMINISTRATIVE JUDGE FREEMAN ON
APPELLANT'S MOTION FOR RECONSIDERATION
Red Sea Engineers & Constructors, Inc. (Red Sea) moves for reconsideration of
our 21 February 2013 decision in these appeals to correct two alleged computation errors
in the findings that affect the quantum due appellant under the decision. Red Sea
Engineers &Constructors, Inc., ASBCANo. 57448 etai, 2013 ASBCA LEXIS 14.
The first alleged error is the computation of the total contract value of the Phase 1
building construction CLINs in finding 7. We computed that value from the original
Phase 1 building construction CLIN prices ($3,501,906.54) in the contract schedule (R4,
tab 1 at 3-7, 22-23), plus the increased price adjustments to those CLINs ($572,416.93) in
Modification No. P00002 (R4, tab 16 at 2), for a total contract value of $4,074,323.47.
Appellant's computed total contract value includes an additional $177,415.36 for the
Modification No. P00002 price increases for CLINs 0009, 0010 and 0013 and an
additional $107,277 for the Defense Base Act (DBA) insurance CLINs (0038AA-0038
AH, 0038BK-0038BM) applicable to the Phase 1 building construction CLINs (mot. at
2). CLINs 0009, 0010 and 0013 were building construction CLINs that were not part of
the Phase 1 work, and the DBA insurance CLINs applicable to the Phase 1 building
construction CLINs were separately priced items of work and not part of the related

building construction CLIN contract values. Accordingly, we find no error in the total
contract value of the Phase 1 building construction CLINs as found in finding 7.
However, if Red Sea did in fact procure the DBA insurance for the Phase 1 building
construction CLINs, it is entitled to recover the DBA insurance CLIN prices for those
items. The record is not clear on this point and we remand the DBA insurance issue to
the contracting officer for determination.
The second alleged error is our computation of a 73 percent average earned value
of the Phase 1 building construction CLINs at termination in finding 23. Appellant
correctly states that their average earned value was 74.6 percent in the estimates made by
the Engineer Battalion cited in the finding (R4, tabs 174, 175).1 However, the
government points out that the records of the project manager for the completion effort
indicate an earned value at termination of no more than 72.4 percent.2 The difference
between the two estimates is attributed to missing materials and the defective work by
Red Sea that had to be redone and had not been considered in the Engineer Battalion
estimate. (Tr. 2/276-92; R4, tab 276)
On reconsideration of finding 23, we revise that finding to read as follows:
23. On 30 September 2010, an Army Engineer
Battalion estimated that the average percentage of completion
of the Phase 1 building construction CLINs at termination
was 74.6 percent (R4, tabs 174, 175). However, the records
of the project manager for the completion effort indicate an
average percentage completion at termination of no more than
72.4 percent. The difference between the two estimates is
attributed to missing materials and the extent of defective
work in place by Red Sea that was not considered in the
Engineer Battalion estimate. (Tr. 2/276-92; R4, tab 276) On
this evidence, we find in the nature of a jury verdict, that the
average percentage completion of the Phase 1 building
construction CLINs at termination of Red Sea's contract was
73.5 percent. That percentage of completion equals a total
earned value for the Phase 1 building construction CLINs at
termination of $2,994,627.75.3
1 The individual building percentages of completion at Red Sea's termination in the
Engineer Battalion estimate were as follows: 90, 81, 81, 76, 76, 55, 66, 88, 74,
and 59 (R4, tab 174 at 1, tab 175 at 1).
2 The individual building percentages of completion at Red Sea's termination indicated in
the completion project manager's report were as follows: 86, 76, 74, 72, 73, 63,
69, 65, 71, and 75 (R4, tab 276 at 1).
3 $4,074,323.47 x .735 = $2,994,627.75

Appellant's motion for reconsideration is allowed as to finding 23 to the extent
indicated above, and the issue of compensation for the DBA insurance CLINs is
remanded for determination by the contracting officer as part of the determination of
quantum. The motion is in all other respects denied.
Dated: 22 April 2013
I concur
N. STEMPLE
Administrative Judge
Acting Chairman
Armed Services Board
of Contract Appeals
MONROE E. FREEMAN, JR
Administrative Judge
Armed Services Board
of Contract Appeals
I concur
CQ \
EUNICE W. THOMAS
Administrative Judge
Vice Chairman
Armed Services Board
of Contract Appeals
I certify that the foregoing is a true copy of the Opinion and Decision of the
Armed Services Board of Contract Appeals in ASBCA Nos. 57448, 57589, 57590,
57591, 57592, and 57593, Appeals of Red Sea Engineers & Constructors, Inc., rendered
in conformance with the Board's Charter.
Dated:
JEFFREY D. GARDIN
Recorder, Armed Services
Board of Contract Appeals