62518

Constellation NewEnergy, Inc.

December 8, 2020Judge O'Connell
Denied / Government PrevailedQuantum / DamagesCDA Jurisdiction

Constellation NewEnergy, Inc. appealed a decision regarding a claim for additional compensation related to energy conservation measures at Naval Station Great Lakes. The Board denied the government's motion to dismiss the appeal based on the sum certain requirement.

Material Facts

  • The appeal involves a task order for several energy conservation measures at Naval Station Great Lakes, dated February 5, 2016.
  • CNE submitted Change Order Request #3 on May 7, 2018, seeking additional money for work performed and proposed future work.
  • The Navy contract specialist responded on July 24, 2018, agreeing to several items but disagreeing with the ECM 4k work.
  • CNE wrote to the contracting officer on February 1, 2019, certifying Change Order Request #3 as a claim and requesting a final decision.
  • The contracting officer's final decision on April 3, 2020, referenced CNE's original submission and awarded CNE $315,970.

Parties

Appellant
Constellation NewEnergy, Inc.
Respondent Agency
Navy
Contract Number
DE-AM36-09GO29040 T.O. N39430-16-F-1803
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