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You are here: Home / Government Contracting News / Court of Federal Claims rejects attempt to shoehorn what it characterizes as a contract administration matter into a bid protest

August 28, 2014 By AMK

Court of Federal Claims rejects attempt to shoehorn what it characterizes as a contract administration matter into a bid protest

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.'”

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=334576

Filed Under: Government Contracting News Tagged With: Army, bid protest, contract administration, Court of Federal Claims, DoD, task order

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