Vigor Works, LLC

Material Facts

• The contract was awarded to Vigor Works, LLC for the design, development, and fabrication of Combatant Craft, Medium Mark 1 systems.
• The contract was an indefinite-delivery, indefinite-quantity (IDIQ) contract with firm-fixed-price and cost reimbursable contract line items.
• Vigor submitted a request for equitable adjustment seeking $4,148,629 for excess costs incurred due to alleged changes in production pace and sequence.
• The contracting officer acknowledged that the contract varied from the original Request for Proposal Statement of Work but maintained that changes were implemented via formal, bilateral agreements.
• The Defense Contract Audit Agency concluded that appellant’s proposed amounts did not comply with FAR 52.243-1, Changes-Fixed Price and contract terms.

Parties

Appellant

Vigor Works, LLC

Contract Number

H92222-11-D-0080