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Decisions Of The Boards Of Contract Appeal: A Delivery Order Is A Contract In Asbca?s Eyes

Monday, May 02, 2011 06:00 am



Appeals of: AmerescoSolutions, Inc., 2011 ASBCA Nos. 56824, 56867 Lexis 15 (March 4, 2011)

The government tried to dismiss a contract termination appeal to the Armed Services Board of Appeals (ASBCA) on the grounds that the Board has no jurisdiction over a document that was simply a delivery order and not a contract.

AmerescoSolutions, Inc. (Ameresco) entered into an indefinite-delivery/indefinite-quantity Department of Energy (DOE) contract to provide energy conservation services for several federal facilities. The contract stipulated that federal agencies would issue delivery orders to Ameresco for specific projects and that the contractor was required to commence work under the contract only upon issuance of those delivery orders. This dispute centers on a Defense Energy Support Center (DESC [...]

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