Recently, the CFC rejected a bid protest action filed by Kellogg Brown & Root (KBR) with respect to one of the Army’s LOGCAP contracts. The contractor had performed the logistics and civil augmentation contract, under which the Army issued task orders for different years, on a “cost-reimbursement basis.” When the Army tried to change to a firm-fixed price arrangement for the 2013 close-out period, KBR balked and refused to submit a proposal—instead filing a bid protest action. The CFC dismissed the case, ruling that KBR did not properly invoke the court’s bid protest jurisdiction but rather was attempting to litigate a contract administration dispute.
After years of submitting cost-reimbursement proposals under the LOGCAP agreement, it seems reasonable that KBR didn’t want to switch to a firm-fixed price basis for the close-out period, as “there was ‘no way to accurately define the scope or duration of work’ and [the] ‘[l]egal, administrative compliance, audit response, vendor issues, subcontract close-out, and dispute resolution . . . are all unknowns.’”
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