63898

Jabez-Absher Small Business Joint Venture

October 2, 2025Judge Taylor
Denied / Government PrevailedContract Changes / Constructive ChangesEquitable Adjustment (REA)Small Business

Jabez-Absher Small Business Joint Venture sought an increase in the contract price due to a change in the production facility for electrical equipment. The Board denied the appeal, concluding that the government did not direct or constructively change the contract.

Material Facts

  • The USACE awarded Jabez-Absher a firm-fixed price contract in the amount of $29,004,500.
  • The contract completion date was established as September 22, 2024.
  • Jabez-Absher changed the production facility for electrical equipment due to increased lead times from 50 to 80 weeks.
  • The government was informed of the change in production facility after it had already been ordered.
  • Jabez-Absher submitted a request for equitable adjustment for costs incurred due to the change, which was denied by the government.

Parties

Appellant
Jabez-Absher Small Business Joint Venture
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W912DW-22-C-0011
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