In Liberty Technical Services, LLC v. Department of Veterans Affairs, CBCA 8385 (February 9, 2026), the contractor sought compensation for controllers to a boiler plant water system. They were not on the contract’s equipment list. Despite this, the Civilian Board of Contract Appeals held that the contractor was out of luck because the contract broadly stated “the contractor shall provide all supplies and technical support services” to fulfill the contract.
The Board found that the contractor should have known that the equipment list did not include all items needed for several reasons. First, controllers were absolutely required. Second, the contractor failed to attend a prebid site visit where it could have observed the need for controllers. Third, the contract term “equipment” includes “supplies,” which meant that controllers fell within the contract’s broad statement that “the contractor shall provide all supplies . . .”
Now, when bidding, offerors should be able to rely on a soliciation’s equipment list. Afterall, this places offerors on an equal playing field. But when the equipment list appears inaccruate, better to speak up during the solicitation’s RFI process.
