Saturday, August 8, 2020

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Lack of Final Decision from Contracting Officer Negates Government’s Claim Against Contractor; 1000-1100 Wilson...

Contractor’s motion for summary judgment on government’s claim is granted in part. The contractor argued that the government had improperly setoff payments under the contract. On appeal, the government submitted a complaint asking the board to declare the setoffs valid. The board found that the setoffs were government claims. The government, however, only has a […]
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ASBCA Cannot Enjoin Government from Collecting Its Claim Pending Appeal; Arcade Travel, Inc. d/b/a...

Government’s motion to dismiss appeal is denied in part and granted in part. The contractor appealed a termination for cause and a government claim against the company. The government moved to dismiss the appeal of the termination for lack of jurisdiction and to dismiss the contractor’s request that the board restrain the government from collecting […]
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ASBCA Able to Discern Enough of a Claim in Contractor’s Jumbled Complaint to Deny...

Government’s motion to dismiss for failure to state a claim is denied. The board found that while the contractor’s complaint was not a model of clarity, a plausible outline of a claim could be divined. The contractor had pleaded enough facts to establish that (1) it had a contract with the government, (2) it performed […]
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Termination for Cause Justified by Contractor’s Shoddy Performance; SCS Building Maintenance, Inc. v. General...

Appeal of a termination for cause is denied. The agency terminated a contract for janitorial services after a significant decline in the quality of...

Claim Barred by Statute of Limitations After Contractor Spent Six Years Lollygagging; Appeal of...

Government’s motion for summary is granted. The government argued that the claim was barred by the CDA’s six-year statue of limitations. The board found that the claim accrued in July 2017, but that the contractor had not submitted a claim to the contracting officer until September 2017, more than six years after accrual. The contractor […]
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If You Can’t Comprehend ‘Em, Just Apply Contra Proferentum! ASBCA Construes Latent Ambiguity Against...

Appeal seeking costs incurred from the aborted dry-docking of a Navy ship is sustained. The contractor had a contract to repair a Navy ship,...

ASBCA Thoroughly Unimpressed With Agency’s Motion for Reconsideration; Appeal of The Boeing Company; ASBCA...

Agency’s motion for reconsideration is denied. The agency asked the board to reconsider a decision granting the contractor summary judgment. The agency argued the decision was flawed because the board had failed to consider the agency’s interpretation of a DFARS provision. The board rejected this argument, reasoning that the agency was raising this argument for […]
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Contractor’s Email Seeking Clarification on Unpaid Invoices Was Not a Claim; Rapid Temps, Inc....

Contractor’s claim is dismissed for lack of jurisdiction. The agency refused to pay some of the contractor’s invoices. The contractor sent the agency emails to ask why the agency would not pay. After the agency still refused to pay, the contractor appealed to the CBCA. The board found that it lacked jurisdiction because the contractor […]
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Agency’s Withdrawal of Claims Moots Appeal and Deprives CBCA of Jurisdiction; Avue Technologies Corporation...

Government’s motion to dismiss appeal for lack of jurisdiction is granted. The contractor had appealed three agency decisions to the board. While the appeals were pending, the agency withdrew the decisions. The board noted that withdrawal of an agency decision does not automatically deprive the board of jurisdiction. Rather, the board only loses jurisdiction if […]
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Contractor Could Not Have Been Coerced Into Agreeing to Termination that It Proposed; Appeal...

Government’s motion for summary judgment on contractor’s breach claim is granted. The government argued the contractor’s claim was barred by a release the contractor...