59876

BAE Systems Southeast Shipyards Mayport LLC

July 13, 2017Judge Woodrow
Denied / Government PrevailedContract InterpretationSmall Business

BAE Systems Southeast Shipyards Mayport LLC appealed a decision regarding the calculation of an award and incentive fee under a cost-plus award fee contract. The Board denied the appellant's motion for summary judgment and ruled on the interpretation of contract provisions related to small business subcontracting.

Material Facts

  • The contract is a cost-plus-award-fee contract for maintenance and repair of CG 47 and DDG 51 class ships.
  • The contract provides for the payment of an award fee and an incentive fee based on performance.
  • The contractor must subcontract at least 40 percent of direct costs to small business concerns during each fee evaluation period.
  • Appellant's initial calculation of small business utilization was found to contain errors, leading to a revised calculation.
  • The government issued Modification No. A00162, reducing appellant's total award and incentive fee by $1,061,494.

Parties

Appellant
BAE Systems Southeast Shipyards Mayport LLC
Respondent Agency
Department of the Navy
Contract Number
N00024-10-C-4406
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