6205262133

APTIM Federal Services, LLC

September 18, 2020Judge Kinner
Denied / Government PrevailedQuantum / DamagesPayment / Progress Payments / Financing

APTIM Federal Services, LLC appealed for additional costs incurred under a cost-reimbursement contract with the Army Corps of Engineers. The Board denied APTIM's motion for partial summary judgment and granted the government's cross-motion regarding cost recovery limitations.

Material Facts

  • APTIM was the successor contractor on a cost reimbursable Superfund Site clean-up contract with the Army Corps of Engineers.
  • The contract was initiated in 1998 for performance of environmental remediation at the Maywood Chemical Super Fund site in New Jersey.
  • APTIM was awarded Task Order No. 5 to continue work at the Maywood site on December 16, 2008.
  • The negotiated estimated cost plus fee of Task Order No. 5 was $190,166,541.
  • Modification No. 29 obligated funding for an additional amount of work negotiated and set in ATP 332.
  • The period of performance for Task Order No. 5 expired December 15, 2013.
  • APTIM's claim seeks payment for an unpaid portion of the amount of fee allocated in Modification No. 29.

Parties

Appellant
APTIM Federal Services, LLC
Respondent Agency
U.S. Army Engineer District, Kansas City
Contract Number
DACW41-99-D-9001
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