Fluor Intercontinental, Inc.

Material Facts

• The Army awarded Fluor task order 5 in early 2009 to provide a menu of services in Afghanistan on a cost-plus-award-fee basis.
• The task order included a base year and four option years, all of which the Army exercised, followed by an additional 12-month extension.
• The Army issued requests for proposals for the option years because the work was evolving and costs could exceed the established matrix-pricing baseline.
• Modification No. 60 stated that it converted the task order retroactively to a cost-plus-fixed-fee type task order beginning 1 July 2012, with a single negotiated fixed fee of 5.87 percent.
• When Modification No. 60 was executed, the Army had not issued requests for proposals for the third and fourth option years.
• Fluor submitted a proposal for the third option year that included a fixed fee of 7.5 percent.
• The Army exercised the third option year and later executed Modification No. 81 for the fourth option year, using a 5.87 percent fixed fee.
• The Army also used a 5.87 percent fixed fee for the 12-month extension after the fourth option year.
• A 19 December 2012 email from a senior Army official described an agreement to convert option year two to cost-plus-fixed-fee status with a total fee of 5.87 percent and did not mention negotiations concerning the third or fourth option years.

Parties

Appellant

Fluor Intercontinental, Inc.

Respondent Agency

Army

Contracting Agency

Army

Contract Number

W52PIJ-07-D-0008