56861

AECOM Government Services, Inc.

January 14, 2011Judge Tunks
Denied / Government PrevailedContract Interpretation

AECOM Government Services, Inc. sought leave to file an untimely motion for reconsideration based on allegedly newly discovered evidence concerning the government's knowledge of an offshore subsidiary's FICA-tax exemption. The Board denied leave and denied relief under Rule 60(b)(2), concluding that the evidence was not newly discovered and was cumulative, immaterial, and unlikely to change the outcome.

Material Facts

  • AECOM was the appellant under Contract No. W91GY0-08-D-0001.
  • The prior Board decision denied AECOM's partial motion for summary judgment and granted the government's motion for summary judgment in part.
  • The prior decision was dispositive of AECOM's claim that the government breached the implied warranty of the covenant of good faith and fair dealing.
  • AECOM proffered excerpts from the deposition transcript of MAJ Renee Russo, the government's price evaluator and source selection evaluation board chairman.
  • AECOM asserted that the government knew AECOM was exempt from FICA taxes when the parties entered into the contract.
  • The contract did not contain a provision concerning a special benefit relative to FICA taxes.

Parties

Appellant
AECOM Government Services, Inc.
Contract Number
W91GY0-08-D-0001
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