59708

AAR Airlift Group, Inc.

October 29, 2019Judge McIlmail
Denied / Government PrevailedPayment / Progress Payments / FinancingContract Interpretation

AAR Airlift Group, Inc. sought additional payment for helicopter transportation services allegedly provided in Afghanistan in November 2013. The Board denied the appeal because the evidence showed a shortage of required S-61 pilots on the disputed days.

Material Facts

  • In 2010, the parties contracted for AAR to provide approximately 50 helicopters for transporting supplies, mail, and passengers in Afghanistan.
  • The contract allowed each aircraft six days per month for scheduled or unscheduled maintenance and addressed prorated payment for additional non-mission-capable days.
  • The contract stated that an aircraft was not available unless both the airframe was Fully Mission Capable and the aircrew was available as defined by the FAA or comparable regulations.
  • For November 2013, the unit price for CLINs 3002 and 3003 was $456,187 each.
  • AAR identified N364FH as an operational spare for N391AL on November 1, 2013, and for N3897N on November 4-8, 10-12, and 15-16, 2013.
  • N391AL and N3897N were non-mission-capable on the corresponding disputed dates.
  • The contemporaneous situation reports showed that AAR had fewer S-61 pilots than required on each disputed day.
  • The November 1, 2013 situation report showed that AAR required 14 S-61 pilots but had only 10 available.
  • The November 1, 2013 situation report showed that AAR had only three SICs for the five S-61s listed.
  • The November 4, 2013 situation report showed that AAR had only three SICs for the five S-61s listed.

Parties

Appellant
AAR Airlift Group, Inc.
Respondent Agency
Air Force
Contracting Agency
Air Force
Contract Number
HTC71 l-10-D-R026
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