62800

AECOM Technical Services, Inc.

December 6, 2021Judge McIlmail
Sustained / Appellant PrevailedContract Formation / ExistenceCDA JurisdictionSmall Business

AECOM Technical Services, Inc. appealed the denial of its claim arising from work performed for an Energy Savings Performance Contract project. The Board denied the government's motion to dismiss for lack of jurisdiction, holding that AECOM sufficiently alleged a government contract and a tortious breach of contract.

Material Facts

  • The government awarded AECOM Contract No. W912DY-15-D-0040 for the design, construction, and operation of energy savings projects.
  • The contract was an indefinite-delivery/indefinite-quantity multiple award task order contract involving large and small businesses.
  • The government invited AECOM to submit a proposal for an Energy Savings Performance Contract project at Buckley Air Force Base, Colorado.
  • The government authorized AECOM to perform preliminary assessment, feasibility-study, design, and price-proposal work for the project.
  • The government later decided not to pursue the project and did not plan to exercise its option to obtain ownership of submitted documentation.
  • AECOM alleged that the government converted AECOM's energy conservation measure designs and work product for its own use.
  • The base contract included an option for the government to obtain ownership of submitted surveys, feasibility studies, designs, and proposals, with consideration for the contractor's effort.

Parties

Appellant
AECOM Technical Services, Inc.
Respondent Agency
U.S. Army Corps of Engineers
Contracting Agency
U.S. Army Corps of Engineers
Contract Number
W912DY-15-D-0040
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