PSC Tells Appeals Board that Defense Department Must Perform Contractual Commitments

Arlington, Va. (April 19, 2019) —The Professional Services Council (PSC) asserted that the federal government must fulfill contractual commitments that are integral to successful contractor performance. In an amicus brief filed with the Armed Services Board of Contract Appeals (ASBCA) on April 12, 2019, PSC asked the full ASBCA to reconsider a Nov. 19, 2018 decision made by a panel of ASBCA judges.

“This case raises important issues regarding the essential role of the government supporting contractors on the battlefield, particularly where, as here, the government chose that it would contractually partner with its contractor to fulfill the military’s critical mission, but the government failed to do so,” said PSC Executive Vice President and Counsel Alan Chvotkin.

In this case, a company had a contract to deliver goods to Iraq. The government agreed that the military would provide “force protection” to ensure the safe passage of the contractor’s convoys. However, the military too frequently declined to provide any timely force protection, thus preventing the contractor from being able to move convoys and causing both significant performance time delays and increased expenses. 

PSC noted that the government has an obligation to perform its responsibilities under the contract. Additionally, the government has an “obligation to compensate the contractor equitably when the government is unable to provide force protection within a reasonable period of time to meet (the contractor’s) performance obligations,” the brief states.

The National Defense Industrial Association (NDIA) joined as a co-submitter on the brief. John S. Pachter and Todd M. Garland of Smith Pachter McWhorter served as counsel for PSC and NDIA in this matter. 
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Media Contact: 
Ashlei Stevens | Director, Media Relations
703.875.8974 |stevens@pscouncil.org 
About PSC: PSC is the voice of the government technology and professional services industry. PSC’s nearly 400 member companies represent small, medium and large businesses that provide federal agencies with services of all kinds, including information technology, engineering, logistics, facilities management, operations and maintenance, consulting, international development, scientific, social, environmental services, and more. Together, the trade association’s members employ hundreds of thousands of Americans in all 50 states. Follow PSC on Twitter @PSCSpeaks. To learn more, visit www.pscouncil.org.