Honeywell International, Inc.

Material Facts

• The Department of Energy awarded Honeywell an indefinite-delivery/indefinite-quantity Energy Savings Performance Contract through which agencies could issue delivery orders for energy-conservation-measure services in six Mid-Atlantic states.
• The delivery order sought energy-conservation-measure services for Fort Dix, New Jersey, including two solar arrays designated Phase I and Phase II.
• The delivery order treated the value of Solar Renewable Energy Certificates as part of the government's annual energy savings and used assumed certificate values in calculating Honeywell's payment schedule.
• The delivery order authorized Honeywell to sell the Solar Renewable Energy Certificates for the government and retain 10% of their value.
• Honeywell completed and the government accepted the Phase I work, including the first solar array, and payments had been made toward it.
• Honeywell supplied the Phase II array as designed, completed it on time, and installed it as required by the delivery order.
• The government had not connected, tested, or accepted the Phase II array, but had not declared it defective or rejected it.
• The contracting officers who awarded the delivery order and its modifications possessed unlimited contracting warrants.
• The Board previously invalidated the inclusion of Solar Renewable Energy Certificate sales revenues among energy savings and invalidated the authorization for Honeywell to sell the certificates.
• After the prior ruling, the government made some payments toward Phase I excluding the value of Solar Renewable Energy Certificates, while no payments had been made toward Phase II.

Parties

Appellant

Honeywell International, Inc.

Respondent Agency

Department of the Air Force

Contracting Agency

Department of Energy

Contract Number

W911Sl-08-F-013 l