In Ardco, Inc., the AGBCA, in deciding a Forest Service motion for partial summary judgment, held that a contractor can recover anticipatory profits for work it would have been given under an indefinite delivery, indefinite quantity (ID/IQ) contract had the government not hindered the contractor's ability to perform. In Ardco, the U.S. Forest Service awarded multiple ID/IQs based upon geographical locations for the services of aircraft to assist in fighting fires. Under the contract, the contractor was paid a daily amount for keeping an aircraft and crew available for the exclusive use of the government, and a separate amount for flight hours ordered. The contract contained no guaranteed minimum number of flight hours, and contained no assurance that the contractor would receive any flight hours. A few months after the start of the contract, the aircraft became inoperable after being struck by a forklift driven by a Forest Service employee. After the accident, the Forest Service did not terminate the contract. The Forest Service continued to pay the contractor the daily rate of $3,177 for having the aircraft on standby for exclusive use of the government, but ordered flight hours for that geographical area from another contractor, presumably one whose aircraft had not been crashed into with a forklift.
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