Thursday, June 4, 2020

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Is That Your Final Answer? Claim Failed to Ask for COFD; CBCA No. 6664,...

The Civilian Board of Contract Appeals dismissed an appeal for lack of jurisdiction, finding the contractor did not request a final decision from the CO. While the appellant had disputed the CO’s denial of a request for a contract modification and asserted a sum certain that it sought to recover, it did not either explicitly […]
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Outbreak of Infectious Spores Results in Constructive Change to Custodial Contract; Valerie Lewis Janitorial...

Claims for costs arising out a custodial contract is granted in part and denied in part. The contractor had a contract to clean a...

Claim for Contract Interpretation Really Just a Claim for Money, Which Board Dismissed for...

Appeal of a denied claim seeking recovery of lease costs is dismissed. The contractor appealed a unilateral rate determination that decided the contractor’s lease costs. As part of the appeal, the contractor also sought contract interpretation of the FAR provisions governing leaseback costs. The board found the appeal of the unilateral rate determination was untimely. A […]
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Appellant Plausibly Asserted CO’s Expectations Impossible to Achieve; CBCA No. 6621, ITS Group Corp....

CBCA denied the government’s motion to dismiss an appeal seeking progress payments under the contract. The agency withheld payment from the contractor after concluding the contractor’s work painting several buildings was unsatisfactory. However, the appellant argued that it completed the work to the best of its ability and that the results the CO sought were […]
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Contractor’s Claim for Reimbursement of a Fine Accrued When the Fine Was Assessed Not...

Claim seeking reimbursement for a fine assessed against the contractor in Afghanistan is denied as untimely. The Afghan government assessed a fine against the contractor in March 2011. The contractor did not pay the fine until July 13, 2011. The contractor submitted a claim for reimbursement of the fine on July 12, 2017. The contractor […]
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Contractor was Advised to Account for Re-Work in Bid; COFC No. 17-903C, North American...

COFC granted the government’s motion for summary judgment in a complaint appealing the denial of additional payment on a dredging contract. The contractor argued the government failed to pay for additional work it directed, but the court adopted the government’s interpretation of the contract, which said the agency would measure the amount of material dredged […]
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Bow to Your King: Government’s Sovereign Immunity Bars Recovery of Interest Contractor Paid on...

Claim for interest on funds contractor borrowed to continue performance is denied. The government delayed payment under the contract, so the contractor borrowed money...

How Firm is Firm Fixed-Price? Court Needs More Information First; COFC No. 19-1390C, JKB...

COFC denied the government’s motion to dismiss a complaint of breach of contract, finding the contract contained a latent ambiguity about the agency’s financial obligation to the contractor. The agency issued firm fixed-price task orders for instructor services, which included a dollar amount equal to the purchase price of 14 distinct classes. However, the agency […]
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Firm-Fixed Price Does Not Mean Contractor Can Short Deliverables; COFC No.19-1187, Pacific Coast Community...

COFC granted the government’s motion to dismiss a complaint alleging breach of contract. The contractor alleged that the agency improperly deducted amounts from its invoices under a firm fixed price contract to provide staffing for administrative positions. However, the court found that the agency properly deducted amounts for hours not worked by the staff. While […]
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Lost Rental Income Not A Recoverable Cost; CBCA No. 6655, Woodfield Financial Center LLC...

CBCA denied an appeal of the agency’s denial of a claim for lost rental income. The lessor sought to recover five months in lost rent, which it attributed to the agency’s errors in directing tenant improvements and the resulting delay in the tenant taking possession of the premises. However, the board noted that lost potential […]
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