596386013660526

Ameresco Select, Inc.

July 11, 2022Judge Paul
Denied / Government PrevailedContract Changes / Constructive ChangesDelay / Disruption / Suspension

Ameresco Select, Inc. appealed a decision regarding a delivery order under an ID/IQ contract for an energy savings performance project at Naval Station, Rota, Spain. The Board denied both parties' cross-motions for summary judgment due to disputed material facts.

Material Facts

  • The Department of Energy awarded ID/IQ contract No. DE-AM36-98GO10351 to Ameresco Select, Inc.'s predecessor on September 14, 1998.
  • Modification M010 changed the contractor's name to Ameresco Select, Inc.
  • The contract required ASI to provide energy savings performance contracting services for federal Government facilities.
  • ASI's initial proposal estimated energy savings over a 23-year performance term to be $60,611,983.
  • The Navy executed delivery order N62583-10-F-0315 for the Rota project in a fixed-price amount of $17,215,849.
  • ASI's design submissions were silent regarding fire protection systems and ATFP requirements until the 100 percent design review.

Parties

Appellant
Ameresco Select, Inc.
Respondent Agency
Navy
Contract Number
DE-AM36-98GO100351
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