56386

DG21, LLC

November 28, 2011Judge Thomas
Denied / Government PrevailedSuperior KnowledgeContract Interpretation

DG21, LLC appealed a decision regarding reimbursement for electricity used in government-furnished facilities, claiming misrepresentation by the Navy. The Board denied the appeal.

Material Facts

  • DG21 was required to reimburse the Navy for electricity used in government-furnished facilities.
  • DG21 estimated its electricity usage at 17 kWh per square foot but actual usage was 31.16 kWh per square foot.
  • DG21 demanded repayment of $1,391,109 for the difference in cost.
  • The Navy's amendments stated that historical usage information was unavailable, which was later found to be incorrect.
  • DG21 had previously collected historical usage data under a predecessor contract.

Parties

Appellant
DG21, LLC
Respondent Agency
Navy
Contracting Agency
Naval Facilities Engineering Command Pacific
Contract Number
N62742-06-D-4501
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