Speegle Construction, Inc.

Material Facts

• Speegle was awarded an indefinite-delivery/indefinite-quantity contract for military construction support in 2006.
• On 1 July 2010, Speegle was awarded Task Order No. 0004 for Design-Build Repair Hurricane Damage Phase I.
• The parties executed bilateral Modification No. 000404/SC003 on 16 November 2012 to incorporate changes to the scope of work.
• The Corps issued unilateral Modification No. 00041H on 7 December 2012 applying a 10% field overhead rate for a subcontractor.
• Speegle requested a DCAA audit of the subcontractor's overhead rate on 19 August 2013.
• The parties executed bilateral Modification No. 00041N on 18 September 2013, which included a release clause.
• Speegle submitted a certified claim on 18 February 2015, asserting that the negotiation did not address the subcontractor's overhead rate.

Parties

Appellant

Speegle Construction, Inc.

Respondent Agency

U.S. Army Engineer District, Mobile

Contracting Agency

United States Army Corps of Engineers

Contract Number

Contract No. W91278-07-D-0038