Ruby Emerald Construction Company

Material Facts

• The Army solicited a firm-fixed-price quotation from Ruby Emerald Construction Company for the purchase of gravel.
• The contracting officer notified the appellant of the award and requested a signed contract.
• The appellant acknowledged receipt of the contract but never returned a signed copy.
• The Army's contracting officer requested confirmation of contract receipt but received no response.
• The appellant later expressed its inability to perform due to security concerns and requested to modify its quotation.
• The parties executed a bilateral modification cancelling the contract at no cost to the government.
• The appellant submitted a claim for $1,595,632.50, asserting it incurred costs for gravel purchase.
• The closeout contracting officer denied the claim, citing the cancellation modification.

Parties

Appellant

Ruby Emerald Construction Company

Respondent Agency

Department of the Army

Contract Number

Contract No. W5K9FH-12-P-0028