The United States Civilian Board of Contract Appeals (the
"Board") recently issued a decision that may be
particularly pertinent in light of the COVID-19 pandemic. In
Pernix Serka Joint Venture v. Department of State,1 the Board
rejected a contractor's claim for additional costs related to
demobilization and remobilization of the job site in Freetown,
Sierra Leone, due to an Ebola virus outbreak. The Pernix
decision should put government contractors on notice that,
depending on applicable contract language, federal contractors may
be entitled to schedule relief, but not costs, as contractors deal
with COVID-19 related impacts.
In September 2013, the Department of State ("DOS")
contracted with Pernix Serka Joint Venture ("PSJV") in a
firm, fixed-price contract to construct a rainwater capture and
storage system in Freetown, Sierra Leone.2 The contract included all
necessary labor, materials, equipment, and services.3
Additionally, the contract permitted the
