NMS Management, Inc.

Material Facts

• On September 18, 2015, the Navy and NMS entered into fixed-price contract No. N00244-15-C-0020.
• The contract contained six CLINs for provision of food service attendant services for various naval facilities in the San Diego area.
• On March 7, 2017, the Navy stated its intention to close the Oceanside galley, which was the subject of CLIN 2006.
• On August 9, 2017, the Navy permanently closed the Oceanside galley and communicated this to NMS.
• NMS expressed that the closure impacted overhead costs and requested a contracting officer's decision regarding the change.
• On September 15, 2017, the Navy informed NMS that it had the right to exercise option CLINs prior to September 30 each year.
• On August 9, 2017, the Navy executed Modification No. POOO 11, which exercised option CLINs 2001-2005 but did not exercise option CLIN 2006.
• NMS executed the modification under protest on September 21, 2017.
• On January 18, 2018, the CO denied NMS's claim in its entirety.

Parties

Appellant

NMS Management, Inc.

Respondent Agency

Navy

Contracting Agency

Naval Fleet Logistics Center

Contract Number

N00244-15-C-0020