U.S. Aeroteam, Inc.

Material Facts

• The Air Force awarded USAT two firm-fixed-price contracts for ground support trailers for C-17 Globemaster III aircraft engines.
• The contracts placed maximum risk and full responsibility for costs and resulting profit or loss on USAT.
• The contracts included a technical data package containing approximately 800 drawings and numerous identified parts.
• USAT obtained running gear from PDI, later chose to manufacture the running gear itself after PDI increased its price, and experienced quality and production problems.
• USAT previously litigated running-gear claims in the Court of Federal Claims, which ruled for the government, and the Federal Circuit affirmed.
• USAT's later Factor 11 claims alleged interruption to production and consistent non-responsiveness arising from engineering orders and alleged technical-data-package defects.
• USAT's Factor 11 evidence included spreadsheets and general witness testimony but did not identify the length of individual delays or reliably establish the claimed overall delay.
• The government was responsible for obtaining carriers to transport the trailers, and carriers frequently failed to arrive or arrived with incorrect equipment.
• USAT staged trailers for pickup and had to remove and restage them when carriers lacked suitable trucks or equipment.
• The contracting officer had placed deliveries on hold because of recurring brake problems, causing storage and work-around costs for trailers occupying USAT's facility.
• USAT incurred consultant and in-house labor costs in preparing and negotiating the REAs.
• USAT omitted the required first two zeros from identification-tag serial numbers and did not produce evidence that tag replacement was economically wasteful.

Parties

Appellant

U.S. Aeroteam, Inc.

Respondent Agency

Air Force

Contracting Agency

Air Force

Contract Number

FA8526-09-C-0007; FA8526-12-C-0039