Coastal Corporation, Moss Bluff Storage Venture, and New Jersey Strategic Petroleum Reserve v. The United States

FRIEDMAN, Circuit Judge.

This is an appeal from a decision of the Department of Energy Board of Contract Appeals (Board) that denied, on the merits, the appellants’ claim for bid preparation costs incurred in connection with a government solicitation for proposals that was cancelled before any contract was awarded. We vacate the decision of the Board because the Board had no jurisdiction over the claim.

I

This case arose from the efforts of the Department of Energy (Department) to develop storage facilities for a large amount of petroleum for national emergencies as a “Strategic Petroleum…