61431-983

Fluor Federal Solutions, LLC

December 28, 2017Judge Woodrow
Sustained / Appellant PrevailedCDA JurisdictionEquitable Adjustment (REA)Quantum / DamagesCPARS / Past-Performance EvaluationDCAA Involved

Fluor Federal Solutions, LLC petitioned the Board under Rule 1(a)(5) to direct the Navy contracting officer to decide Fluor's consolidated claim and address specified CPARS evaluations. The Board directed the contracting officer to issue a decision by 31 January 2018, with failure to comply deemed a denial.

Material Facts

  • The Navy awarded Fluor Contract No. N69450-12-D-7582 for regional base operations support services at four Navy installations in the Jacksonville area.
  • Fluor's consolidated request for equitable adjustment sought an adjustment to the contract price and modification of Navy evaluations included in CPARS.
  • The consolidated request for equitable adjustment included a detailed factual narrative, 70 attachments, and two appendices.
  • The Navy denied the consolidated request for equitable adjustment before Fluor submitted its consolidated claim.
  • The Navy required a DCAA audit and other reviews before issuing a contracting officer's final decision.
  • Fluor participated in meetings and conferences requested by DCAA and provided written responses to DCAA's written requests.
  • DCAA later repeated requests to which Fluor had already responded, issued a formal request for access to records, and ultimately informed Fluor that it would cancel its audit.
  • The Navy had provided multiple anticipated dates for issuance of a contracting officer's final decision, but no final decision had issued.

Parties

Appellant
Fluor Federal Solutions, LLC
Respondent Agency
Navy
Contracting Agency
Navy
Contract Number
N69450-12-D-7582
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