Amentum Services, Inc.

Material Facts

• The Air Force awarded the contract to URS Federal Services, Inc., now known as Amentum, for airport maintenance services at Naval Air Station Lemoore and Naval Air Station North Island.
• The contract included FAR 52.222-41, FAR 52.222-43, and FAR 52.243-1 as modified by Alternate I.
• The contracting officer incorporated the Lemoore collective bargaining agreement into the Lemoore Task Order.
• The Lemoore CBA provided that personal medical leave would be granted in accordance with the Family Medical Leave Act, company policy, and California and federal laws.
• The contracting officer incorporated the North Island collective bargaining agreement into the North Island Task Order.
• The North Island CBA made personal time off available for matters including personal illness and doctor and dental appointments, but did not contain a provision similar to the Lemoore CBA's reference to California law.
• California Assembly Bill 1867 and Senate Bill 95 required COVID-19-related supplemental paid sick leave during the periods stated in the decision.
• The Navy issued guidance requiring certain contractor personnel to remain in quarantine for 14 days after exposure, even if they tested negative.
• The Air Force contracting officer did not issue written contract modifications or orders implementing the Navy's COVID-19 guidance.
• Amentum incurred additional costs for sick medical leave required under the Lemoore CBA and documented those costs.
• The Navy's quarantine policy applied broadly and was not specifically directed at nullifying Amentum's contract rights.
• Amentum admitted that COVID-19 and the subsequent related state and federal actions did not exist when it contracted with the government.

Parties

Appellant

Amentum Services, Inc.

Respondent Agency

the government

Contracting Agency

Department of the Air Force

Contract Number

FA 8108-17-D-0016