Parsons Government Services, Inc.

Material Facts

• PM TRASYS awarded Parsons Contract No. M67854-09-D-8000, a requirements contract, for MOUT training systems.
• The contract's stated period of performance ran from March 2009 to March 2014.
• The contract scope included engineering analysis, design, fabrication, and installation of non-permanent, modular, reconfigurable, and removable MOUT training systems.
• The contract included nearly 5000 CLINs, including firm-fixed-price CLINs and time-and-material CLINs.
• The contract incorporated FAR clause 52.216-21, REQUIREMENTS (OCT 1995), and included a $250,000 minimum-order limitation under FAR 52.216-19, ORDER LIMITATIONS (OCT 1995).
• Parsons identified at least 26 contracts awarded to other contractors during the HS MOUT contract's performance period as allegedly diverted work.
• The government disputed whether the allegedly diverted work fell within the HS MOUT contract's scope, including based on differences in the type of work, beneficiary, and awarding agency.
• An internal Army investigation addressed alleged Anti-Deficiency Act violations involving the use of non-MILCON funds for construction work under the HS MOUT contract.
• Parsons alleged that work performed under the Ahntech contract overlapped with HS MOUT CLINs.
• The parties disputed whether the Ahntech actions were delivery orders or modifications, whether the ordering threshold applied, and whether the Ahntech work matched the HS MOUT contract's scope.

Parties

Appellant

Parsons Government Services, Inc.

Respondent Agency

Department of the Navy

Contracting Agency

Marine Corps System Command Program Manager for Training Systems (PM TRASYS)

Contract Number

M67854-09-D-8000