AECOM Technical Services, Inc.

February 7, 2022Judge McIlmail

Sustained / Appellant PrevailedTermination for ConvenienceContract InterpretationContract Formation / ExistenceQuantum / Damages

AECOM Technical Services, Inc. alleged that the government owed compensation after an anticipated task-order award did not issue and that the government retained and used AECOM's designs and work product. The Board denied the government's motion to dismiss Counts II and IV for failure to state a claim.

Material Facts

MATOC III expressly included FAR clause 52.249-2.
AECOM alleged that CEHNC repeatedly assured it that an impending task-order award would issue.
AECOM alleged that it accommodated changes requested by CEHNC and delivered project requirements as directed by CEHNC.
AECOM alleged that it performed substantial work during the Investment Grade Audit phase without receiving a task-order award.
AECOM alleged that CEHNC retained submitted documentation containing design, measurement, calculation-analysis, and cost-estimating materials.
AECOM alleged that CEHNC used AECOM's ideas and designs to implement energy conservation measures after canceling the project.
MATOC III, Section C.26.4, addressed the government's option to obtain ownership of submitted documentation and concepts and provided for appropriate consideration for the ESCO effort.

Parties

Appellant: AECOM Technical Services, Inc.
Respondent Agency: U.S. Army Corps of Engineers (CEHNC)
Contracting Agency: U.S. Army Engineer District, Huntsville
Contract Number: W912DY-15-R-ESP7

Open Official Decision PDF (asbca.mil)AI-analyzed, grounded in the decision text. Verify against the official PDF before relying on it.

Full Legal Analysis

Create a free account to read the complete grounded legal brief for this decision, including the holding, every issue the Board decided, quantum, verified citations, and the case's citation graph.