Fluor Federal Solutions, LLC

Material Facts

• On 13 December 2011, the Navy awarded Fluor Contract No. N69450-12-D-7582 for base operation services at four Navy installations in the Jacksonville, Florida, area.
• The contract included a base year, four option years, and three award option years, with a firm-fixed-price line item and an indefinite-delivery, indefinite-quantity line item for each contract year.
• The Award-Option Plan required specified performance ratings for eligibility for an award option and authorized changes to assessment criteria subject to notice and, for a current performance period, bilateral modification.
• Unilateral Modification No. P00187 revised the Award-Option Plan for available Award Option 3, and Modification No. P00193 exercised Award Option 3 for the period from 1 July 2017 through 30 June 2018.
• Fluor objected to Modification Nos. P00187 and P00193 and submitted a certified claim asserting entitlement to allowable costs of performing Award Option 3 plus reasonable profit.
• The claim's calculation used Fluor's costs during Option Year 4 to estimate the costs of performing Award Option 3.
• The Navy stated that the claim would require a DCAA audit and other independent analysis before a final decision.
• Fluor appealed based on a deemed denial of its claim.

Parties

Appellant

Fluor Federal Solutions, LLC

Respondent Agency

Navy

Contracting Agency

Navy

Contract Number

N69450-12-D-7582