6104061101

Sonoran Technology and Professional Services, LLC

July 3, 2017Judge Newsom
Denied / Government PrevailedContract InterpretationSmall Business

Sonoran Technology and Professional Services, LLC appealed the denial of its request for an equitable adjustment due to increased state gross receipts tax liability resulting from a wage determination incorporated into its contract. The Board denied the appeals.

Material Facts

  • The Air Force awarded Contract No. FA3002-14-D-0005 to Sonoran on 24 April 2014.
  • The contract required Sonoran to provide training and related services to F-16 air crews.
  • The contract included firm-fixed-price and cost-reimbursement CLINs.
  • Sonoran entered into a CBA with the IAM on 18 March 2015, which established higher pay and benefits.
  • The Department of Labor issued Wage Determination No. CBA-2015-7628 on 23 April 2015.
  • Sonoran submitted a request for equitable adjustment on 3 June 2015, seeking compensation for increased costs due to the CBA and wage determination.
  • The government issued contract Modification No. P00007 on 25 September 2015, increasing the contract price for higher direct labor costs but not for gross receipts tax liability.
  • Sonoran's liability for New Mexico gross receipts taxes nearly doubled after the wage determination went into effect.

Parties

Appellant
Sonoran Technology and Professional Services, LLC
Respondent Agency
Department of the Air Force
Contract Number
FA3002-14-D-0005
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