61371

Potomac Electric Corp.

July 30, 2019Judge Young
Sustained / Appellant PrevailedContract Formation / ExistenceQuantum / DamagesDCMA InvolvedSmall Business

Potomac Electric Corp. appealed a decision regarding the existence of a contract with the Defense Logistics Agency (DLA) and costs incurred during its performance. The Board found that a contract existed and sustained the appeal.

Material Facts

  • DLA issued a solicitation for a firm-fixed-price IDIQ contract for direct current motors.
  • Potomac submitted a proposal with a total price of $3,319,786.22.
  • DLA's contract specialist confirmed receipt of Potomac's proposal and sent a draft contract for review.
  • The contract and delivery order were unsigned, and the contract specialist lacked authority to bind the government.
  • Potomac incurred costs in preparation for contract performance before the government decided to amend the solicitation and seek new proposals.

Parties

Appellant
Potomac Electric Corp.
Respondent Agency
Defense Logistics Agency
Contract Number
SPRRA2-17-D-0028
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