ASBCA 61353

ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of-- ) ) Fluor Federal Solutions, LLC ) ASBCA No. 61353 ) Under Contract No. N69450-12-D-7582 ) APPEARANCES FOR THE APPELLANT: John S. Pachter, Esq. Jennifer A. Mahar, Esq. Kathryn T. Muldoon Griffin, Esq. Smith Pachter Mc Whorter PLC Tysons Comer, VA APPEARANCES FOR THE GOVERNMENT: Craig D. Jensen, Esq. Navy Chief Trial Attorney Russell A. Shultis, Esq. Todd J. Wagnon, Esq. Trial Attorneys OPINION BY ADMINISTRATIVE JUDGE CLARKE ON JURISDICTION We consider if we have jurisdiction over this appeal based on the prerequisite of a claim stating a sum certain. Fluor Federal Solutions, LLC (Fluor) submitted a claim having a claimed dollar amount derived from an estimate. We conclude that we have jurisdiction pursuant to the Contract Disputes Act of 1978 (CDA), 41 U.S.C. §§ 7101-7109. FINDINGS OF FACT 1. On 13 December 2011 the Navy awarded Contract No. N69450-12-D-7582 for base operation services at four Navy installations in the Jacksonville, Florida, area (R4, tab 1.3). The contract included a base year, four option years and three award option years (id. at 3-10). Each year of the contract included a firm-fixed-price (FFP) and indefinite-delivery, indefinite-quantity (IDIQ) line item. Of importance to this decision is Award Option Year 3 that had an FFP line item priced at $31,374,431.00 and an IDIQ line item priced at $9,207,208.00 for a total of $40,581,639 (id. at 10). 2. The contract included an Award-Option Plan, paragraph 6, which read as follows: 6.0 AWARD-OPTION DETERMINATION The primary intent of the award-option incentive is to motivate the Contractor to perform the required services in  such a manner as to warrant the highest possible rating during each performance period. All unearned award options will be deleted by unilateral modification to the contract. Once all award-option periods have been earned or deleted by modification, evaluations for the remaining performance periods will be conducted in accordance with CPARS/ACASS/CCASS, as applicable. A Contractor must receive at least a "Satisfactory" rating on each individual assessment criteria and a "Very Good" or "Exceptional" end-of-period performance rating to be eligible for an award-option for the associated performance period. "Exceptional" ratings earn twelve (12) months and "Very Good" ratings earn six (6) months. (App. supp. R4, tab 201 at 5) The Award-Option Assessment Criteria were listed in paragraph 10.0 (id. at 7-8). 3. Award-Option Plan, paragraph 8, reads: 8.0 A WARD-OPTION PLAN CHANGES The ODO [Award-Option Determining Official] may unilaterally change the assessment criteria covered in this plan, provided the Contractor receives notice of any changes at least fifteen (15) calendar days prior to the performance period to which the changes apply. Changes to this plan that are applicable to a current performance period will be incorporated by a bilateral modification under the appropriate contract clause. (App. supp. R4, tab 201 at 5) 4. Unilateral Modification No. P00187, dated 4 April 2017, changed Award-Option Plan, paragraph 6, as follows: The purpose of this modification is to incorporate the revised Award Option Plan for available Award Option 3, a future performance period. Paragraph 6.0 is revised to state "The ODO may make a final assessment to issue a unilateral modification awarding a future performance period award-option ofup to twelve (12) months for the convenience of the Agency, when the contractor has 2  obtained a rating of 'Satisfactory."' The revised Award Option Plan is hereby incorporated into this modification. (R4, tab 2.187 at 2) Modification No.