URS Federal Support Services, Inc.

Material Facts

• Contract 0006 was an indefinite-delivery, indefinite-quantity contract containing time-and-material, firm-fixed-price, and cost-reimbursement CLINs for Contract Field Team maintenance and related services.
• Task Order No. 0055 included firm-fixed-price aircraft maintenance labor requirements at Army Reserve aviation support facilities and used a team-complement table specifying personnel by skill and location.
• The FON prohibited offerors from proposing less than the minimum team complement, and the required firm-fixed-price complement totaled 99 personnel.
• The task order required firm-fixed-price maintenance support at Ft. Knox and Kingsville and identified Ft. Hood as a location where contract maintenance might be required.
• The Air Force proposed reducing three positions at Ft. Knox and two positions at Kingsville while adding five positions at Ft. Hood.
• URS disputed performing the additional Ft. Hood work without an adjustment to the firm-fixed-price amount.
• Modification No. 03 unilaterally revised the PWS to add Ft. Hood, reduce the Ft. Knox and Kingsville complements, and state that there was no change to the total amount obligated.
• URS's certified claim sought payment for base-period and option-year costs associated with the five positions directed by Modification No. 03.
• The Air Force conceded entitlement to a price increase for the Ft. Hood work but asserted an offsetting reduction for the personnel reductions at Ft. Knox and Kingsville.
• The record showed that URS generally performed satisfactory or better maintenance work despite staffing below the team-complement requirements at Ft. Knox and Kingsville.
• The Air Force's asserted reduction calculation used URS's proposal and pricing tables rather than URS's actual cost data.
• The Board returned the matter to the parties to negotiate the appropriate price for the change.

Parties

Appellant

URS Federal Support Services, Inc.

Respondent Agency

United States Department of the Air Force

Contracting Agency

Air Force

Contract Number

FA8108-09-D-0006