Tetra Tech EC, Inc.

Material Facts

• Tetra Tech and the Navy entered into the RAD EMAC, a multiple-award indefinite-delivery, indefinite-quantity contract for investigation and possible radiological remediation at the Hunter Point facility.
• The RAD EMAC had a one-year base period and four one-year option periods, with the last option period expiring on February 23, 2015.
• The Navy awarded task orders CTO 2, CTO 7, CTO 12, and CTO 15 to Tetra Tech.
• The task orders required surveys and, if necessary, radiological remediation in accordance with MARSSIM standards and a Base-wide Radiological Work Plan.
• The Navy and Tetra Tech investigated anomalous soil-sampling data and scan-speed issues, and Tetra Tech performed corrective actions and remedial measures under Navy oversight.
• The NRC identified two former site workers involved in sampling misconduct and concluded that the misconduct did not involve Tetra Tech management.
• The Navy initially issued positive CPARS Final evaluations and ratings for Tetra Tech’s work under CTOs 2 and 7 and positive Interim evaluations for CTOs 7 and 12.
• The Navy later issued negative CPARS Addendum and Final evaluations for the task orders.
• The contracting officer declined to issue the requested final decisions based on the stated CDA limitation concerning claims involving fraud.
• Tetra Tech’s complaints challenged the Navy’s compliance with performance-evaluation procedures, including alleged violations of FAR 42.1503 and alleged inaccurate, unfair, arbitrary, and capricious evaluations.

Parties

Appellant

Tetra Tech EC, Inc.

Respondent Agency

Navy

Contracting Agency

Navy

Contract Number

N62473-10-D-0809; N62473-12-D-2006