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Versar, Inc. - Armed Services Board of Contract Appeals

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84. On 30 July 2007 Mr. Valenzuela provided AFCEE's "<strong>of</strong>ficial response"to the<br />

RFIs, which had been "APPROVED AS CORRECTED." Only Ms. Harvill had signed .<br />

them. (R4, tab 356at4130-31, tab357 at 4137, tab 358 at 4154) Mr. CampbeUreplied<br />

that the RFI No. 48 response did not address schedule or ability to move students into the<br />

building before all work was complete. Mr. Valenzuela replied that <strong>Versar</strong> now had an<br />

approved hanging system. He sought its completion schedule, stating time extensions<br />

would be addressed ifwarranted. Mr. Campbell replied that there was no approved RFI<br />

until the CO signed it, referring to RFIs Nos. 6 and 14 on FCU installation, approved by<br />

Mr. Presson but rejected by Mr. ValenzUela on the basis there had been no CO approval.<br />

(R4, tab 357 at 4139-42; tr. 4/126, 131) .<br />

85. CO Bryant emailed to Mr. Campbell on 31 July 2007 that:<br />

(R4, tab 363 at 4199)<br />

To my knowledge, the lines <strong>of</strong> authority <strong>of</strong>each individual<br />

player in this acquisition was previously made known at the<br />

Pre-Performance Conference and has been reiterated<br />

numerous times since. I have even myself articulated those<br />

lines <strong>of</strong>authority to you as the [CO].<br />

I fully concur with the above attached actions [RFIs<br />

Nos. 47-49] and do not anticipate that they or any similar type<br />

actions will be questioned by anyone from <strong>Versar</strong> in regards<br />

to this contract again.<br />

86. <strong>Versar</strong> notified Mr. Bernal that a sample FCU installation would be ready for <br />

inspection on 3 August 2007 and that acceptance was integral to scheduling. Mr. Bernal <br />

responded th~t it had been agreed that <strong>Versar</strong> was' to perform all punch list work in one <br />

. area before Parsons would perform "another cursory inspection" and all items would be<br />

revisited at final inspection. (R4, tab 875 at 10989; tr. 4/136-37)<br />

87. On 1 August 2007 Pinckney placed a sign that classes would move to another<br />

school. Mr. Campbell inquired <strong>of</strong>Mr. Bernal who said <strong>of</strong>ficial notice must come from<br />

the COR. Mr. Chaney sent an email to the CO and others questioning why the move was<br />

<strong>Versar</strong>'s business but stating that, per the CO, DDESS would capture costs <strong>of</strong> operating<br />

an unplanned school for possible action against it. On 2 August 2007 a newspaper noted<br />

the move. Mr. Campbell inquired <strong>of</strong>the CO and others whether it was now safe to plan<br />

FCU rework during regular working hours .. By email <strong>of</strong> 7 August 2007 to Messrs. Bernal<br />

and Valenzuela, copied to the CO and Mr. Chaney, the COR advised that school plans did<br />

not affect <strong>Versar</strong>'s contract obligations and they should not entertain its questions about<br />

36

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