Fluor Federal Solutions, Inc.

Material Facts

• The Navy awarded Fluor a regional base operations support contract for four Navy installations in the Jacksonville, Florida area.
• The contract contemplated a base year, four option years, and three award option years, with a total performance period not exceeding 96 months.
• The contract incorporated FAR 52.217-8, which permitted the government to require continued performance of services for a total extension not exceeding six months.
• The contract incorporated the standard disputes clause and its alternate, including the requirement that the contractor proceed diligently with performance pending final resolution of a contractual dispute.
• The Navy exercised all four non-award options but did not exercise award option years 1 or 2.
• The Navy issued a unilateral modification purporting to exercise award option year 3 for the period from July 1, 2017 through June 30, 2018.
• Fluor objected to the award option year 3 modification and performed that period under protest and with a complete reservation of rights.
• The Board previously held that the Navy’s exercise of award option year 3 was unenforceable.
• While Fluor was performing award option year 3 under protest, the Navy issued Modification No. P00211 purporting to extend Fluor’s performance under FAR 52.217-8 for six months through December 31, 2018.
• Fluor objected to the unilateral extension and represented that its continued performance was subject to protest.

Parties

Appellant

Fluor Federal Solutions, Inc.

Respondent Agency

the Navy

Contracting Agency

Naval Facilities Command Southeast

Contract Number

N69450-12-D-7582