Warfighter Defense Inc.

July 16, 2025Judge Wilson

Sustained / Appellant PrevailedContract Formation / ExistenceCDA JurisdictionDCMA InvolvedSmall BusinessCommercial Item

Warfighter Defense Inc. appealed a contracting officer's final decision denying its request to waive an inspection requirement in a purchase order. The Board denied the government's motion to dismiss for lack of jurisdiction but granted summary judgment in favor of the government.

Material Facts

DLA issued Request for Quotations No. SPE4A6-24-T-855T seeking special purchase electrical cable assemblies.
The RFQ indicated that FAR 52.246-2, INSPECTION OF SUPPLIES-FIXED PRICE, applied.
Warfighter submitted its quote for the cables as a 'Bid without Exception' and confirmed the inspection point would be origin.
DLA issued firm fixed price purchase order number SPE4A6-24-P-L702 for 1,122 cables.
The purchase order incorporated by reference FAR 52.246-2 and included Clause E06, requiring inspection at source.
Warfighter submitted a post-award request to DLA requesting removal of the inspection requirement.
DLA denied the request, stating that the inspection requirement was necessary.
Warfighter filed a claim under the Contract Disputes Act, alleging DLA's actions constituted a material breach.
The contracting officer issued a final decision denying Warfighter's claim.
Warfighter appealed the contracting officer's final decision to the Board.

Parties

Appellant: Warfighter Defense Inc.
Respondent Agency: Defense Logistics Agency
Contract Number: SPE4A6-24-P-L702

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