59244

DynCorp International LLC

July 14, 2015Judge O'Connell
Partially SustainedContract InterpretationMistake / ReformationSuperior Knowledge

DynCorp International LLC appealed the denial of its claim for costs associated with aircraft-engine repair work, asserting that the work was chargeable to time-and-materials CLINs rather than firm-fixed-price CLINs. The Board denied the government's motion for summary judgment on the contract-interpretation theory and deferred consideration of the unilateral-mistake and superior-knowledge theories.

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
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