Versar, Inc. - Armed Services Board of Contract Appeals

anything required to finish the project in time for the school to open on schedule;" it had
been working two shifts, seven days a week; and the government expected the project to be
substantially complete in time for the school to open on schedule (R4, tab 355 at 4122).
77. Teachers were to arrive at Pinckney. on 13 August 2007 and students on
20 August. On 24 July 2007, after Mr. Chaney briefed Dr. Beraza, she decided to move
Pinckney operations to Hood Street (tr. 1/105). She made her decision bas\ed upon
Mr. Chaney's input; AFCEE was not involved; AFCEE and Versar had no say in the
decision; and Versar's contract was not considered. According to Mr. Chaney, the
decision was not particularly based upon seismic issues, but upon the amount ofwork
remaining to be done in a short time. (Tr. 1/103-05, 183-84)
78. By email of25 July 2007 to the COR, AFCEE, PSC, Parsons and others,
excluding Versar, Mr. Chaney directed:
Please tell anyone involved at the site or going to the
site that we are to be occupyirig Pinckney as planned. It [i]s
pretty apparent to all ofus involved that the contractor is
using gamesmanship to force us to accept crap ·as meeting
contract requirements because they "think" we have no
alternative plans and thus HAVE to get into Pinckney
regardless ofcondition. They will eventually figure ... out
when teachers don't report on August 13 th to Pinckney [that]
something's amiss, but ifasked while on site "you know ofno
plans to operate a school elsewhere". Make sure anyone
. involved in the government team is aware ofthis....
(Ex. A-62 at 1) Mr. Chaney acknowledged that the statement concerning occupying
Pinckney as planned was untrue, but he stated that no one in his email chain objected to
his instruction. In some contrast to his deposition testimony, he alleged that there were
union issues and that CO Bryant had instructed him to keep the move quiet because of
them. He opined the move would not affect Versar negatively because it would have the
whole school at its work disposal. (Tr. 1/106-09)
79. Although it had worked ·around school operations from the outset, Versar was
not asked to do anything differently, given an opportunity to develop a workaround, or
a4vised that AFCEE was contemplating a claim against it (tr. 2/33, 35) .
. 80. The "pre-final" inspection was on 23-24 and 27 July 2007. The COR was on
leave and did not attend. Mr. Valenzuela assessed that not much progress had been made
since his June 2007 visit; the school could not be ready for the fall semester; and the
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