WSP USA Solutions Inc.

Material Facts

• The U.S. Army Corps of Engineers awarded WSP a requirements contract for temporary emergency power services for declared federal disasters.
• The contract used CLIN 2001 for Option Year 2 and CLIN 3001 for Option Year 3, with firm-fixed rates that escalated in successive option years.
• The government exercised Option Year 3 effective October 22, 2017.
• The government issued hurricane-response task orders during the Option Year 2 performance period, including Task Order Nos. 3031, 3033, and 3001.
• The parties executed numerous bilateral modifications during Option Year 3 that extended performance and added funding while continuing to allocate the work to CLIN 2001.
• A modification executed on November 22, 2017 allocated the entire ceiling increase to CLIN 2001.
• WSP signed the bilateral modifications without reserving a right to Option Year 3 pricing.
• WSP submitted invoices and Daily Expenditure Reports using Option Year 2 rates for more than nine months.
• WSP first communicated its position that it was entitled to Option Year 3 pricing on July 23, 2018.
• WSP's certified claim sought the difference between the Option Year 2 rates it had invoiced and the higher Option Year 3 rates.
• The parties corrected an erroneous allocation of Task Order No. 3001 funding to CLIN 3001 by moving the funding back to CLIN 2001.
• WSP's internal communications acknowledged that it had gone along with the Option Year 2 structure and had not challenged it earlier.

Parties

Appellant

WSP USA Solutions Inc.

Respondent Agency

U.S. Army Engineer District, Pittsburgh

Contracting Agency

U.S. Army Corps of Engineers

Contract Number

W911WN-15-D-0001