Amentum Services, Inc., f/k/a AECOM Management Services, Inc.

Material Facts

• NASA awarded Amentum’s predecessor a successor contract for launch-related operations and maintenance services at Kennedy Space Center and Cape Canaveral Air Force Station.
• The contract was an IDIQ contract consisting of firm-fixed-price TINs and negotiated task orders, with an annual minimum contract value.
• The contract included an $8,000,000 minimum contract value for each contract year.
• NASA issued task order 20T for $444,951.06 and later bilaterally modified it to $110,900.30, decreasing it by $334,050.76.
• Amentum entered bilateral modifications adding TIN 528 and TINs 224-227, and those modifications stated that they were entered pursuant to mutual agreement of the parties.
• NASA did not issue a contract modification deleting TIN 220A, but use of the jet-fuel TIN declined to zero in FY 2019 and FY 2020.
• NASA directed shutdowns of Kennedy Space Center for Hurricanes Matthew, Irma, and Dorian, totaling fifteen days of base closure.
• The contract incorporated NASA clause 1852.242-72 concerning denied access to NASA facilities.
• TIN 223 described gaseous-nitrogen contingency support as including all tasks and resources necessary, including systems and equipment preparation and personnel support.
• Amentum’s pricing strategy did not allocate costs evenly among TINs, and its personnel knew that TIN 223 required more than one worker and questioned the pricing model.
• NASA performed a FAR 15.404-1(b) price analysis based on total evaluated price and government-provided BEQs.
• The contracting officer denied the certified claim on February 16, 2021, and Amentum timely appealed.

Parties

Appellant

Amentum Services, Inc., f/k/a AECOM Management Services, Inc.

Respondent Agency

National Aeronautics and Space Administration (NASA)

Contracting Agency

National Aeronautics and Space Administration (NASA)

Contract Number

NNK15OL50B