63294

OSC Solutions, Inc.

January 17, 2023Judge Arnett
Sustained / Appellant PrevailedContract Formation / ExistenceCDA Jurisdiction

OSC Solutions, Inc. appealed the denial of its claim related to a Blanket Purchase Agreement (BPA) with the Navy, which the government sought to dismiss for lack of jurisdiction. The Board denied the government's motion to dismiss, finding jurisdiction based on OSC's non-frivolous assertion of an implied-in-fact contract.

Material Facts

  • The government issued Solicitation No. N0018919R0041 for a BPA to provide maintenance, repair, and operations supplies.
  • OSC submitted a price proposal stating a cost of $0 for services, indicating they were included in product pricing.
  • The BPA was executed on January 2, 2020, and included a base ordering period through January 1, 2021.
  • OSC submitted an invoice for $1,013,729.28 for unabsorbed store services direct costs in July 2021.
  • The government denied OSC's claim on April 18, 2022, stating the BPA did not guarantee sales volume or impose obligations.
  • OSC filed an appeal on June 2, 2022, seeking $1,153,858 for labor service costs.

Parties

Appellant
OSC Solutions, Inc.
Respondent Agency
Naval Supply Systems Command
Contract Number
BPA No. N0018920A0002
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