ASBCA 63030

ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of - ) ) D2 Government Solutions ) ASBCA No. 63030 ) Under Contract No. FA664-19-C-0001 ) APPEARANCE FOR THE APPELLANT: Jay R. Rodne, Esq. D2 Government Solutions New Bern, NC APPEARANCES FOR THE GOVERNMENT: Caryl A. Potter, III, Esq. Air Force Deputy Chief Trial Attorney Lawrence M. Anderson, Esq. Trial Attorney OPINION BY ADMINISTRATIVE JUDGE EYESTER PURSUANT TO BOARD RULE 11 D2 Government Solutions (D2 or appellant) appeals a deemed denial of a certified claim concerning a contract issued by the United States Air Force (Air Force or government) for base operating services at March Air Reserve Base (ARB). The parties have agreed to waive a hearing and have the appeal decided on the written record pursuant to Board Rule 11. For the reasons set forth below, the appeal is denied. FINDINGS OF FACT (FOF) 1. On March 23, 2018, the Air Force issued a solicitation for various base operations services at March ARB (R4, tab 1 at 1-60, 66). The solicitation included fixed-priced, 1 cost, and cost plus fixed-fee (CPFF) contract line item numbers (CLINs) and required an offeror’s price proposal include a completed pricing matrix (id. at 1-60, 114). For the fixed-priced CLINs, offerors were to provide the unit price which would be multiplied by a quantity used for evaluation purposes only (id. at 114). For the cost and CPFF CLINs, offerors were to provide the hourly labor rates which were then multiplied by the listed estimated hours. The estimated hours were based on historical data, and the solicitation explained that these estimated hours were for evaluation purposes only (id. at 114-15, 119). Further, the solicitation stated that offerors were to complete pricing only for the fixed-priced CLINs in section B as the cost and CPFF CLINs would be funded at the discretion of the government (id. at 114). 1 The fixed-priced CLINs were fixed unit prices based on a quantity of 12 months, used for evaluation purposes only (R4, tab 1 at 2-5, 114).  2. On October 4, 2018, the agency awarded D2 fixed-priced Contract No. FA466419C0001 in the amount of $8,106,974.20 for these services (R4, tab 2). 2 The performance period included a one-year base period (November 1, 2018 through October 31, 2019) and 4 one-year option periods (id. at 66-79). For the CPFF and cost CLINs, the government included the estimated costs for the base period (id. at 10-22). 3. Each contract CLIN correlated to an attached performance work statement (PWS) tab: tab A (general), tab B (supply), tab C (motor vehicle management), tab D (traffic management), tab F (real property management), tab G (fuels management), and tab H (airfield management) (R4, tab 2 at 2-10, 101). 3 For example, there were fixed-priced CLINs for base supply (tabs A and B), vehicle operations and maintenance (tabs A and C), traffic management operations (tabs A and D), real property maintenance (tabs A and F), fuels management (tabs A and G), and airfield management (tabs A and H) (id. at 2-10). The CPFF and cost CLINs were for service calls which included property maintenance calls (tabs A and F), enhancement work (tabs A and F), over and above work (tabs A, B, D, G, H) and materials (see e.g., id. at 10-20). 4. The PWS tabs play a key role in the contract and this appeal. Tab A explained that all services, labor, supplies, materials and parts were included in the fixed-price CLINs unless otherwise specified and during the phase-in, the contractor should be prepared to assume full responsibility for all areas of operation (R4, tab 3 at 8, 20). Tab C described the required vehicle maintenance services and included monthly average workload estimates for the various work orders (R4, tab 5 at 5, 18). Tab F described the required real property maintenance services, which included preventive and corrective maintenance service calls and “provided for information purposes only” workload estimates for the period of June 1, 2016 through May 31, 2017, for corrective maintenance calls (R4, tab 7 at 3, 22). Tab F stated that “[a]ll work identified in this Tab is included in the Firm Fixed Price unless otherwise specified” (id. at 3). For the preventive maintenance services performed, D2 was to maintain a file of all work accomplished, with documentation such as materials used, date, time and person completing actions; the file was to become the property of the government.