CBCA 8385

DENIED: February 9, 2026 CBCA 8385 LIBERTY TECHNICAL SERVICES, LLC, Appellant, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent. Lee Dougherty and Esna Milhail of Effectus PLLC, Washington, DC, counsel for Appellant. David G. Fagan, Office of General Counsel, Department of Veterans Affairs, Bend, OR, counsel for Respondent. Before Board Judges GOODMAN and CHADWICK. GOODMAN, Board Judge. Liberty Technical Services, LLC (Liberty or LTS) entered into a contract to provide water treatment supplies and services at three Department of Veterans Affairs (VA) medical centers (VAMCs) in Texas. Liberty submitted a certified claim to VA’s contracting officer (CO) seeking compensation for providing certain equipment it alleges was not specified in the contract and for VA’s use of equipment left in place during a transition period after the contract expired. The CO issued a final decision (COFD) denying the certified claim, and Liberty has appealed that decision. Liberty elected disposition of this appeal by two Board judges under the accelerated procedure in Board Rule 53 (48 CFR 6101.53 (2024)), and the parties submitted the case on the written record under Rule 19. We deny the claim. CBCA 8385 2 Findings of Fact Solicitation and Contract On May 3, 2023, VA issued a solicitation1 for “Boiler/Chiller Chemical Water Treatment Supplies and Services” at three VAMCs, located in Dallas, Garland, and Bonham, Texas, under a commercial items and services contract for a firm, fixed price. Exhibit 1.2 The solicited statement of work (SOW) described the requirement as “all supplies and technical support services for chemical treatment of boiler plant water, steam, and condensate systems throughout [each] medical center/campus.” Id. at 5. VA offered prospective contractors the opportunity to visit the Dallas and Bonham sites, but Liberty did not attend either site visit. See Exhibits 2, 3; Declaration of DeMarcus W. Stokes (Aug. 13, 2025) ¶¶ 8–9.3 Had Liberty visited either site, it would have been able to see the incumbent contractor’s logo and other identifying information on electronic controllers4 that were in operation in both treatment systems, as the controllers were provided by that contractor and were not owned by VA. Id. ¶¶ 8–9. VA amended the solicitation twice. Exhibits 4, 5. The second amendment, issued in early June 2023, added separate contract line items (CLINs) for unexpected maintenance at each of the three locations. Exhibit 5. A Liberty vice president posed a question via email 1 Page 1 of the solicitation, standard form 1449, box 14, identified the solicitation method as a request for quotations (RFQ). Exhibit 1 at 1. However, the acquisition did not proceed by RFQ. The solicitation called for binding “offers” rather than quotations, Exhibit 1 at 38–39, and VA’s award message congratulated Liberty on VA’s “acceptance of [Liberty’s] offer.” Exhibit 7; see 48 CFR 13.004(a) (2022) (“A quotation is not an offer and, consequently, cannot be accepted by the Government to form a binding contract.”). The parties’ arguments do not depend on the solicitation type. 2 Numbered exhibits are in the appeal file. Respondent’s declarations and exhibits designated by submitting party and letter were submitted with the briefs. 3 VA submitted declarations of Mr. Stokes, who was appointed the contracting officer’s representative (COR), and the CO, Sherine S. Brooks. Liberty did not submit any testimony. 4 The record does not contain a specific definition of “controller” or a depiction of one. We understand the term from the context—including the parties’ agreement—that the equipment required the use of someone’s controllers to perform the contract work. CBCA 8385 3 about the amendment. He asked whether VA anticipated that the work covered by the CLINs “would . . . only be on the water treatment equipment (small chemical pumps and controllers) or are you looking for repairs and maintenance on the chillers and boilers[?] Possibly such items as tube cleaning? Please clarify as the provided cost could be [$]10K or could be [$]100K.” Appellant’s Brief Seeking Judgment on the Written Record in Accordance with CBCA Rule 19 (Appellant’s Rule 19 Brief), Exhibit A at 1. The contracting officer responded, “Just small chemical pumps/controllers and chemicals in case of chill water line ruptures.