The Navy issued a solicitation for a Blanket Purchase Agreement (“BPA”) for accepting and filling orders placed by the Navy for parts for maintenance, repair and operations of ship stores, including their operation, with the contractor’s own labor,. The solicitation stated that services/products can be ordered under this BPA,” and also stated that “This BPA does not obligate any funds [but can] be obligated by placement of calls under Federal Acquisition Regulation (“FAR”) S

US Pan American Solutions (“US Pan”) moved for reconsideration of the Armed Services Board of Contract Appeals (“Board”) decision dated April 25, 2025 ( US Pan Am. Sols.,LLC, ASBCA No. 63957, 25-1 BCA ¶ 38,814) where the Board dismissed its appeal for lack of jurisdiction as untimely filed.  US Pan Am. Sols ., ASBCA 63957, August 18, 2025. The appeal was filed 91 days. US Pan contends that its appeal was filed 91 days after the final decision of the contracting officer, but t

Consider the following statements from the Government Accountability Office (“GAO”) Warfighter Focused Logistics, Inc., B-43546 and B-423456.2, August 5, 2025 decision, with particular attention to the highlighted sentences (references are omitted). The GAO has now clarified its pleading standards as follows: [Protester, Warfighter Focused Logistics, or “WFL”] contends that the agency's evaluation of VMP's quotation was unreasonable. Specifically, the protester alleges VMP [

If you were a health care contractor providing emergency room health care services to a rural hospital, and your government contract ended, would you continue to provide those services despite the fact that the Contracting Officer refused to pay more than $8 million for your submitted and undisputed invoices over a period of 7 months?  Tribal Health, LLC (“Tribal”) did so at the Pine Ridge Indian Hospital in order to ensure continued emergency room services because it was the

Can the President (normally through the Office of Management and Budget—"OMB”) use a pocket rescission in order to withhold budget authority (funding) for government contracts and other government expenditures without Congressional consideration of a rescission proposal?  The Government Accountability Office (“GAO”) says this procedure is unlawful, however, to date, the Supreme Court has allowed it to happen in the Trump administration, albeit only with an Emergency Ruling th

Once again, a manufacturer ran afoul of Part 13 of the Federal Acquisition Regulation by failing to understand how purchase orders operate in federal procurement.  Warfighter Defense, Inc., ASBCA No. 63924, July 16, 2025.  Warfighter failed to understand that its actions in failing to accept a purchase order (“PO”) from the Defense Logistics Agency (“DLA”), either in writing or by substantial performance, meant that there was no contract between the company and DLA, and no r

In a cost-plus fixed fee contract, where the Agency’s actual requirements are substantially lower than the Agency’s initial estimated hours, is the contractor entitled to its full fee? This issue was recently explored in an Armed Services Board of Contract Appeals (“Board”) case, Vectrus Sys. Corp ., ASBCA Nos. 62685, 62949. Vectrus contended that its fixed fee represents the agreed-upon profit, but the Agency alleged that it was only obligated to pay for actual contractor

This blog recently discussed the danger of using Artificial Intelligence (“AI”) improperly to write briefs and pleadings at the Government Accountability Office (“GAO”).  See “ The Danger of Using Artificial Intelligence Improperly ,”| Oct 13, 2025, which demonstrated how the GAO was sanctioning attorneys who misused AI. Now comes the Armed Services Board of Contract Appeals ("ASBCA" or “Board”) which criticized a brief that “hallucinated” fictitious cases and imposed sanctio