AECOM Technical Services, Inc.

Material Facts

• The government awarded AECOM an Indefinite Delivery/Indefinite Quantity Multiple Award Task Order Contract for energy savings projects.
• The contract stated that preliminary-assessment costs could be recovered through an eventual task-order award or through the government's option to obtain ownership of submitted documentation.
• The contract stated that the government would not be liable for feasibility-study costs if the project was determined not feasible unless the government exercised its option to obtain ownership of the submitted documentation.
• The government selected AECOM as the Energy Savings Performance Contractor for the Buckley Air Force Base project.
• The government authorized AECOM to proceed with preliminary-assessment, feasibility-study, design, and price-proposal work.
• The contracting officer informed AECOM that the government would not pursue the project and did not plan to exercise the option to obtain ownership of submitted documentation.
• The government did not issue a task order to AECOM for the project.
• AECOM submitted a certified claim for costs incurred in developing and designing the project.
• The contracting officer denied the claim.
• AECOM filed a five-count complaint and appealed the contracting officer's decision.

Parties

Appellant

AECOM Technical Services, Inc.

Respondent Agency

U.S. Army Engineer District, Huntsville

Contracting Agency

U.S. Army Engineer District, Huntsville

Contract Number

W912DY-15-D-0040