DynCorp International LLC

Material Facts

• DynCorp performed a Contractor Operated and Maintained Base Supply Services contract supporting safe, flyable T-6AIB Texan II aircraft.
• The 3:XXX CLINs required maintenance, repairs, overhauls, and replenishments or replacements required as a function of flight hours and were identified as firm-fixed-price.
• The 4:XXX CLINs included CLINs 4228 and 4229, which required engine overhauls and were firm-fixed-price.
• The 5XXX CLINs were entitled "OVER AND ABOVE ENGINES" and identified the work as time-and-materials.
• The contract defined repair as the restoration or replacement of material required to return it to a serviceable condition.
• The contract did not define overhaul, consumables, one-time inspection, or overhaul inspections.
• The parties disputed whether engine overhaul primarily involved repair or replacement of parts regardless of whether the parts were damaged or outside tolerances.
• The parties disputed whether on-condition work during an overhaul could be predicted before disassembly.
• The contract required off-site repair for reparable aircraft material and stated that failed parts discovered during overhaul inspections were cost per flight hour.
• The parties relied on questions and answers, letters of concern, correspondence with Pratt & Whitney, evaluation notices, and trade-practice evidence, and neither party contended that those documents were incorporated into the contract.

Parties

Appellant

DynCorp International LLC

Contracting Agency

Air Force

Contract Number

FA86 l 7-12-C-6208