J.A.M. Construction Services, Inc.

Material Facts

• The contract was a Design-Bid-Build, Firm-Fixed Price, Indefinite Delivery/Indefinite Quantity, Multiple Award Construction Contract between JAM and NAVFAC Southeast.
• NAVFAC Southeast issued JAM a task order for construction of an elevator lobby addition to Building 2945 at Naval Air Station Whiting Field.
• The task order performance period was 275 calendar days.
• The task order required multiple submittals, including a construction progress schedule, network analysis schedule, quality control plan, and environmental protection plan, before onsite work could begin.
• The government advised JAM that unacceptable submittals and slow progress were delaying performance.
• JAM's project superintendent resigned, both subcontractors left the jobsite, and JAM had no workers at the site other than personnel removing equipment.
• JAM left the project site in February 2022 and did not return before the government's termination.
• JAM asserted that COVID-19, government processing of submittals, and other government-caused delays excused its failure to perform.
• The government's expert performed a windows analysis attributing 643 calendar days of delay to JAM and 15 calendar days to the government.

Parties

Appellant

J.A.M. Construction Services, Inc.

Respondent Agency

Naval Facilities Command (NAVFAC) Southeast

Contracting Agency

Naval Facilities Command (NAVFAC) Southeast

Contract Number

N69450-16-D-0605