Honeywell International, Inc.

Material Facts

• The delivery order acquired energy-conservation services for Fort Dix, New Jersey, with payments scheduled over 21 years.
• The delivery order required two solar arrays, with Phase II added by modification.
• Each array was designed to produce 700 kW DC peak production, and the electricity was intended for use at Fort Dix.
• The delivery order calculated annual government savings by adding the value of electricity produced to the sales value of SRECs.
• Honeywell guaranteed specified annual government savings and understood that it would bear the cost if actual savings fell below the guarantee.
• Phase I was completed and accepted by the government between 8 June and 25 September 2009.
• Honeywell supplied and installed Phase II on time in April 2010, but the government did not connect, test, or accept it.
• The delivery order identified implementation prices for Phase I and Phase II and included a 25 percent markup composed of overhead and profit.
• The government paid Honeywell amounts for Phase I invoices on 1 August 2014, 1 February 2015, and 1 May 2016.
• The government presented evidence that the SRECs associated with Phase II had a market value of $2,553,728.
• Honeywell's certified claim referred to completion and delivery of the Phase I and Phase II arrays and did not mention a monitoring panel.
• The delivery order schedules specified financing rates of 6.19 percent for Phase I and 8.95 percent for Phase II.

Parties

Appellant

Honeywell International, Inc.

Respondent Agency

United States Army

Contracting Agency

United States Army

Contract Number

W911Sl-08-F-013 l