Contractor’s Proposal Failed to State that Proposed Solution Diverged from RFP Requirements; ASBCA No. 57329, Swinerton Builders Northwest

Appeal of the agency’s denial of a certified claim and requests for equitable adjustment is almost entirely denied, where the contractor did not inform the government that it proposed an HVAC system that did not meet the RFP requirements and therefore the agency’s insistence the contractor provide a compliant system did not represent a constructive change to the contract, and where the contractor could not demonstrate any harm arising from the government’s revocation of base access from a project manager.