Record Does Not Support Government’s Contention That Negotiated Fixed Fee Applied to All Option Years; ASBCA No. 60729, Appeal of Fluor Intercontinental Inc.

Government’s motion for summary judgment is denied, where the record does not conclusively demonstrate that the government and appellant agreed to a single negotiated fixed fee of 5.87 percent for all remaining option years of the task order, but instead suggested that the fixed fee applied only to the current option year, because the scope of work for future option years was in flux.