Discovery of Undisclosed Hazardous Materials Support Claim for Compensable Delay; ASBCA Nos. 58550, Appeals of L.C. Gaskins Construction Co. Inc.

The government’s request for reconsideration of an earlier decision granting the contractor’s claim for compensable delay and different site conditions is sustained in part, where ASBCA agreed that it misinterpreted the appellant’s testimony about the amount of productivity it could have achieved without the government’s delay, and denied in part, where the government was responsible for the delay in providing approved containers for the disposal of hazardous waste and for not informing offerors about the levels of hazardous materials that were present.