Versar, Inc. - Armed Services Board of Contract Appeals

did not include a delay analysis and it did not present one at the hearing. The Board
docketed Versar's protectiv~ 7 October 2009 appeal as ASBCA No. 56962.
121. With input fronl Stephanie HaIT of Portage, Inc., an environmental
engineering firm serving as a GEITA contractor, the COR prepared a 23 November 2009
Contract Performance Assessment Report, which is not ofrecord (tr. 15/5-6, 92-96).
122. Pre-hearing, on 18 June 2010, the government moved to exclude Versar's
expert's report and related testimony, alleging that it introduced new facts and legal
theories on seismic restraint issues and was a new claim not submitted to the CO.
Versar then filed a protective claim dated 8 July 2010, in effect alleging that the
government's defective specifications omitted analysis ofthe building and roofstructure;
submittal No. 36 met specifications; and the government's direction to double seismic
restraints on the piping loop was a compensable change. Versar incorporated the
damages from its 29 October 2008 claim. On 5 August 2010 the government agreed that
its motion was moot and the Board's order ofthat date stated that, ifthe issue ofwhether
the ~xpert's report contained a new claim became relevant for CDA interest purposes, the
Board would address it in its merits decision. CO Sharon Mendez denied the 8 July 2010
claim on 24 September 2010. The Board docketed appellant's 27 September 2010 appeal
as ASBCA No. 57386. The four appeals are consolidated for disposition.
Evidence on Seismic and Related Issues by Appellant's Expert
123. Allyn E. Kilsheimer, a registered professional structural engineer and chief
executive officer ofKCE Structural Engineers, P.C., with considerable experience in
building structural design and emergency structural and .related work, is accepted as an
expert in seismic and structural engineering. 5 He submitted an expert report dated 7 June
2010. (Ex. A-I09 at 2,331 of344; tr. 11/13-14,23-24; Bd. COIT. file, app. witness list at
5) Mr. Kilsheimer opined that PSC had not met its responsibility as structural engineer of
record (SER), and under its design contract with the government, to perform calculations
or analyze the Pinckney structure's ability to resist loads imposed by seismic lateral sway
bracing, including new loads reSUlting from the project. The contract lacked adequate
information and Versar was not required to perform the seismic design analysis the
government imposed upon it. (Ex. A-I09 at 4-13 of344 and attachs. 1, 13, 14 at 180 of
344, ~ 9-4c., attach. 20; tr. 11/26-28, 70, 141-42)
5
At the hearing the Board accepted Mr. Kilsheimer as an expert in structural
engineering (tr. 11/24). It appears from appellant's expert witness list and a close
reading ofthe transcript that appellant meant to qualify him as an expert in both
structural and seismic engineering and the Board accepts· him as such.
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