58006

CAE USA, Inc.

May 23, 2013Judge Clarke
Partially SustainedSuperior KnowledgeAccord & Satisfaction / Release / WaiverDCAA Involved

CAE USA, Inc. appealed a contracting officer's final decision denying its claim for fringe benefits as a successor contractor under the Service Contract Act. The Board granted partial summary judgment in favor of the government.

Material Facts

  • The government posted Solicitation No. FA8223-10-R-50094 for services in support of the KC-135 ATS.
  • The RFP contemplated the award of a firm fixed-price contract with a total of ten years.
  • The government issued RFP Amendment No. 0006 to incorporate two Collective Bargaining Agreements effective on 1 October 2010.
  • CAE requested and received copies of the CBAs from the government.
  • The CBAs included provisions for group benefits and paid time off.
  • The contracting officer did not provide all attachments related to the CBAs.
  • CAE's proposal included various labor fringe benefits.
  • The contract was awarded to CAE on 31 August 2010.
  • CAE discovered additional fringe benefits after negotiating with the labor union.
  • CAE submitted a Request for Equitable Adjustment for additional benefits amounting to $668,094, which was denied by the government.

Parties

Appellant
CAE USA, Inc.
Respondent Agency
Air Force
Contract Number
FA8223-10-C-0013
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