Heartland Energy Partners LLC

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