DynCorp International LLC

Material Facts

• The contract supported T-6A/B Texan II aircraft at various air force bases and naval air stations.
• The 3XXX CLINs required maintenance, repairs, overhauls, and replenishments or replacements required as a function of flight hours and were identified as firm-fixed-price cost-per-flight-hour work.
• The 4XXX CLINs covered major time-change items, including firm-fixed-price engine-overhaul CLINs 4228 and 4229.
• Some 5XXX CLINs were entitled "OVER AND ABOVE ENGINES" and were paid on a time-and-materials basis.
• On-condition parts were cleaned and inspected during an overhaul and repaired or replaced if they failed the inspection criteria.
• The government answered that components changed due to condition during a time-change item would not be over and above and would be covered in cost per flight hour or cost of overhaul.
• The government later clarified that the usage data provided to offerors did not include depot-level data from engine overhauls.
• DynCorp's subcontract with Pratt & Whitney Engine Services provided for on-condition work to be paid as over and above.
• The Air Force awarded the contract to DynCorp, and the parties executed it on 1 June 2012.
• DynCorp knew that there were gaps in the usage data but decided to submit a proposal.
• Pratt & Whitney Engine Services had performed fourteen full overhauls of the PT6A-68 engine model and could provide pricing for overhaul work.
• DynCorp submitted a certified claim for payment for on-condition work during the base period, which the contracting officer denied.

Parties

Appellant

DynCorp International LLC

Respondent Agency

Air Force

Contracting Agency

Air Force

Contract Number

FA8617-12-C-6208