Fluor Federal Solutions, Inc.

Material Facts

• The Navy awarded Fluor a principally fixed-price regional base operations support contract covering four Naval installations near Jacksonville, Florida.
• The contract required Fluor to maintain records stored in the Government’s CMMS and made the systems available for Fluor’s use.
• The contract defined maintain as keeping something in a state of repair and efficiency and preserving it from failure or decline.
• The contract and incorporated proposal did not include time, resources, or costs for Fluor to build a Maximo database from scratch.
• The Navy’s Maximo data was incomplete, inaccurate, inconsistent with other source data, and not usable by Fluor for contract performance.
• The Navy attempted to scrub and reconcile the data but suspended those efforts, leaving Fluor to recreate the database using the contract’s Section J tables.
• The contract and solicitation repeatedly stated that equipment and systems would be provided in as-is condition.
• The Section J inventories identified systems and major components and repeatedly informed offerors that they were not complete inventories of every component.
• Fluor’s extra-contractual-work analysis relied on subjective coding of work orders without determining whether the work was outside the contract or had been compensated under IDIQ arrangements.
• The Navy’s CPARS ratings relied in part on Fluor’s alleged failure to maintain the CMMS current and accurate and on related performance deficiencies.
• The Board lacked measurable criteria and sufficient Navy evidence to determine whether the challenged CPARS ratings remained justified after the Maximo ruling.

Parties

Appellant

Fluor Federal Solutions, LLC

Respondent Agency

Department of the Navy

Contracting Agency

Naval Facilities Command Southeast (NAVFAC-SE)

Contract Number

N69450-12-D-7582