62982

APTIM Federal Services, LLC

April 28, 2022Judge Thrasher
Denied / Government PrevailedDelay / Disruption / SuspensionTermination for Default

APTIM Federal Services, LLC appealed a denial of its claim for operational costs incurred during a base closure due to COVID-19. The ASBCA denied the appeal, finding the closure to be a sovereign act.

Material Facts

  • The government awarded Contract No. FA9101-16-D-0006 to CB&I Federal Services LLC, a predecessor to APTIM.
  • The contract was for design-build construction work at Arnold Air Force Base.
  • Due to COVID-19, the base commander closed the base to non-operationally urgent personnel from April 6, 2020, to June 15, 2020.
  • APTIM submitted a certified claim for $99,076 for costs incurred during the closure, later reduced to $96,033.87.
  • The government denied the monetary portion of the claim, citing the sovereign acts doctrine.

Parties

Appellant
APTIM Federal Services, LLC
Respondent Agency
Air Force
Contract Number
FA9101-16-D-0006
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