6260162602

Siemens Government Technologies, Inc.

May 24, 2022Judge D'Alessandris
Denied / Government PrevailedGovernment-Furnished PropertyQuantum / DamagesAuthority of Government AgentsSuperior Knowledge

Siemens Government Technologies, Inc. appealed the denial of its claims for costs incurred during preliminary assessments and investment grade audits for energy savings projects at Camp Lemonnier and Souda Bay, which the Navy deemed non-viable. The Board denied the appeals, affirming the Navy's position that it was not liable for costs incurred prior to the award of a task order.

Material Facts

  • Siemens entered into a master IDIQ Energy Savings Performance Contract with the Department of Energy.
  • The Navy issued a request for Siemens to perform preliminary assessments in various locations.
  • Siemens incurred costs for preliminary investigations but was denied assurances of compensation by the Navy.
  • The Navy ultimately awarded a task order for only some of the proposed projects, excluding Camp Lemonnier and Souda Bay.
  • Siemens filed claims for costs incurred at the non-viable locations, which were denied by the Navy.

Parties

Appellant
Siemens Government Technologies, Inc.
Respondent Agency
Department of the Navy
Contracting Agency
Department of Energy
Contract Number
DE-AM36-09GO29041
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