Herman JCG Co. JV¹

Material Facts

• The Navy awarded an Indefinite Delivery Indefinite Quantity Multiple Award Construction Contract to Herman on October 25, 2017.
• Herman proposed phasing the project instead of using temporary trailers on October 21, 2019.
• The Navy conditionally accepted the phasing proposal on November 4, 2019, subject to certain conditions.
• Herman submitted a Notice of Value Engineering Change Proposal on August 7, 2020, asserting its proposal was a VECP.
• The contracting officer rejected Herman's VECP on September 8, 2020, but executed Modification No. P00002 the following day, incorporating the phasing plan into the contract.

Parties

Appellant

Herman JCG Co. JV

Respondent Agency

Department of the Navy

Contract Number

N62473-18-D-5822