Fluor Federal Solutions, LLC

Material Facts

• The Navy awarded Fluor a contract 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 firm-fixed-price and indefinite-delivery, indefinite-quantity line items.
• The contract included FAR 52.243-1, FAR 52.217-8, FAC 5252.217-9301, a Period of Performance clause, and an Award-Option Plan.
• The Award-Option Plan required a Very Good or Exceptional end-of-period performance rating to be eligible for an award-option period.
• The Navy rated Fluor's performance Marginal after option year 2 and Satisfactory after option year 3, and deleted award option years 1 and 2.
• Modification No. P00187 changed the Award-Option Plan to permit a future 12-month award option based on a Satisfactory rating for the convenience of the Agency.
• Modification No. P00193 exercised Award Option 3 for a 12-month period from July 1, 2017 through June 30, 2018.
• The Award-Option Plan required the ODO to document the rationale for changes to the AOB's recommended rating.
• The Navy stated that Fluor's certified claim required a DCAA audit and other independent analyses.
• Fluor appealed to the Board based on a deemed denial of its certified claim.

Parties

Appellant

Fluor Federal Solutions, LLC

Respondent Agency

Navy

Contracting Agency

Navy

Contract Number

N69450-12-D-7582