Ni Industries, Inc. v. The United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
DAVIS, Circuit Judge.
NI Industries, Inc. (NI) appeals from a final decision of the Armed Services Board of Contract Appeals (ASBCA or Board), ASBCA No. 30293, upholding a contracting officer’s decision to deny appellant’s value engineering change proposal. Concluding that the agency improperly relied on an agency rule that should have been published but was not, we reverse and remand.
I. Background
This dispute concerns an aspect of the government’s value engineering change program (VECP). Under this program, a contractor may submit a VECP to the Government, proposing a change to the contract…
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