62979

Heartland Energy Partners LLC

September 12, 2022Judge D'Alessandris
Partially SustainedTermination for ConvenienceCommercial Item

Heartland Energy Partners LLC appealed a decision regarding payment for services not performed due to a government directive amid COVID-19 restrictions. The Board found that the government's actions constituted a constructive termination for convenience.

Material Facts

  • Heartland was awarded a task order against a commercial items contract with the USACE in September 2019.
  • The task order contained 11 firm-fixed-price contract line items for physical security consulting services.
  • In March 2020, the USACE instructed Heartland to discontinue performance on four of the CLINs due to COVID-19.
  • The government attempted to negotiate alternative tasks but did not reach an agreement before the task order's performance period ended.
  • Heartland claimed entitlement to payment for the firm-fixed-price CLIN amounts despite not performing the required work.

Parties

Appellant
Heartland Energy Partners LLC
Respondent Agency
United States Army Corps of Engineers
Contract Number
W912HQ-18-D-0010
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