OSC Solutions, Inc.

Material Facts

• OSC Solutions, Inc. filed a claim seeking $1,152,858 for store labor services under a Blanket Purchase Agreement with the U.S. Navy.
• The Navy asserted that the BPA was not a contract as it did not obligate any funds or bind the government to order the estimated quantity of OSC products.
• OSC's proposal indicated that service costs were included within the price of its products and stated there were no additional charges for services.
• The BPA explicitly stated that it did not obligate any funds and that orders would be placed against it via various methods.
• The Board found that the BPA lacked mutuality of consideration and was not a contract.

Parties

Appellant

OSC Solutions, Inc.

Respondent Agency

U.S. Navy

Contract Number

N00189-20-A-0002