63290

ServeFed, Inc.

November 13, 2023Judge Sweet
Denied / Government PrevailedInspection / Acceptance / Warranty / Latent Defects

ServeFed, Inc. appealed a performance evaluation by the United States Army that assigned Unsatisfactory ratings for Quality and Schedule. The Board denied both parties' motions for summary judgment due to genuine issues of material fact.

Material Facts

  • The government and ServeFed executed contract W81K00-19-P-0137 for healthcare staffing services on March 19, 2019.
  • The contract defined acceptable performance measures including fill rate, employee turnover rate, and substantiated patient complaints.
  • The Federal Acquisition Regulation required agencies to complete a Contractor Performance Assessment Reporting System evaluation.
  • The Challenged Evaluation assigned ServeFed an Unsatisfactory Schedule Rating due to a fill rate of 47.18% and an Unsatisfactory Quality rating due to a turnover rate of 53%.
  • The contracting officer issued a final decision on March 3, 2022, changing the Schedule rating to Marginal but not the Quality rating.

Parties

Appellant
ServeFed, Inc.
Respondent Agency
United States Army
Contract Number
W81K00-19-P-0137
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