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

When a contractor brings an appeal of a claim to a Board of Contract Appeals (“Board”), it is the contractor’s responsibility of the Appellant to establish Board jurisdiction.  Board jurisdiction derives from 41 U.S.C. § 7105(e)(1)(A) which confers jurisdiction to decide an appeal from a decision of a contracting officer relative to a contract made by that department or agency.  Peace Ambition Const. Co., ASBCA Nos. 63938, 64024, July 10, 2025.  Peace Construction provides a

Appellant Chizoma Onyems is the sole owner of a limited liability company, CB Portable Toilet Rental and Service.  He is not a licensed attorney.  His company contracted with the government to provide services at Camp Lejeune.  After the contract was terminated for convenience, CB Portable (the company) submitted a certified claim, and then appealed it to the Board, where Mr. Onyems represented the company. The Board granted $16,000 in damages (plus interest) to CB Portable. 

GE Renewables US, LLC (“GE”) sought in its appeal a declaration that it had the right to pursue a price adjustment in a contract that contained an economic price adjustment (“EPA”) clause.  GE Renewables US, LLC,  ASBCA No. 63842, June 24, 2025.  The only significant consequence of such a declaration would be a price adjustment (not a change in contract performance or the avoidance of costs) and the Board deemed the claim a “monetary claim” which required a statement of a “su

In a bid protest issued in July 2025, a Court of Federal Claims Judge issued a scathing criticism of a Navy evaluation of offers for a mixed procurement to provide Egypt with a Nationwide Maritime Surveillance system via a foreign military sale.  Advanced Tech. Sys. Co. v. United States, (Fed. Cl. No. 25-515), July 16, 2025.  Judge Somers said that the Navy used “vague and conflicting past performance criteria [and failed] to provide any explanation for the award decision it

The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year on December 12, 2025 (B-158766). The GAO actually received 1803 protests in fiscal year (“FY”) 2025 but dismissed or immediately denied a substantial number of them, while actually considering and issuing decisions on 380 protests, known as “merit decisions.”  The GAO sustain rate increased slightly from 16 percent in FY 2025 to 14 percent in FY 2024. (Note: The