Sunday, February 28, 2021

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Although Documents Were In Agency’s Contract File, They Were Not Incorporated Into Contract; CSI...

Government’s motion for summary judgment on narrow issue concerning whether a document was incorporated into the contract is granted. The contractor alleged that a...

Self-Prepared, Unverified Spreadsheet Insufficient to Support Claim for Termination Costs; Bannum, Inc. v. United...

Contractor’s request for termination costs is denied. The government terminated for convenience. The contractor filed suit, alleging it was entitled to recover myriad termination costs. The contractor sought proposal costs, but the court found the contractor had never sought approval of those costs from the agency. The contractor sought preparatory costs, but the court denied […]
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Contractor Didn’t File a Claim But ASBCA Still Had Jurisdiction Over Appeal Challenging Termination...

Government’s motion to strike contractor’s claim challenging a termination for default is denied. The government argued that the board lacked jurisdiction over the termination because the contractor had not submitted a claim to the contracting officer before appealing the termination. But the board reasoned that a termination is a government claim, so the contractor does […]
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CBCA Finds Agency Breached Software Licenses But Limits Contractor’s Damages to Licenses’ Fair Market...

Claim alleging that agency breached a software license is granted. The agency initially licensed the software on a per server basis, where each server had a single processor. But the agency upgraded its servers so that each server now had sixteen processing cores. The agency modified its licensing agreement to reflect the upgrade, but the […]
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Government Not Required to Indemnify Contractor for Costs Incurred Litigating Third Party Radiation Exposure...

Contractor’s motion for summary judgment on indemnification claim against government is denied. The contract required the contractor to remediate a nuclear research site. Third parties sued the contractor alleging injuries caused by the release of radioactive materials. The contractor settled the cases and then sought indemnification from the government under the contract’s indemnification clause. The […]
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Encountering Frozen Ground in Alaska Is Not a Differing Site Condition; Ahtna Construction &...

Government’s motion to dismiss complaint is granted in part and denied in part. The government moved to dismiss the contractor’s complaint for failure to state a claim. The contractor moved to amend to clarify its allegations. The board granted the government’s motion to dismiss a differing site condition claim. The contractor had alleged it had […]
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CBCA Rejects “Arguments that FEMA Seemingly Tossed Into this Matter, Hoping Something Might Stick,”...

Local government’s claim for reimbursement under the Stafford Disaster Relief Act is granted in part. The local government sought to recover an incentive fee it had to pay to obtain debris removal crews after a hurricane. FEMA denied reimbursement, finding that the incentive fee was unreasonable. FEMA made a number of arguments as to why […]
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COFC Lacks Jurisdiction Over Government Claim Asserting that Two Contractors Are Jointly and Severally...

Motion to dismiss government’s counterclaim for breach is granted. The government issued a final decision that found an architect and a builder jointly and...

Letter of Intent Signed By Agency is Not an Enforceable Contract; 7800 Ricchi, LLC...

Government’s motion for summary judgment on contractor breach claim is granted. The contractor claimed the government breached a lease agreement. The court, however, found that the parties never reached an enforceable agreement. The government had signed a letter of intent, but the court found the letter was not a contract due to lack of offer […]
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CBCA Grants Appeal, Finds Contractor Is Entitled to Recover Start-Up Costs; WageWorks, Inc. v....

Contractor’s appeal seeking costs incurred in preparing to take over the contract is granted. The contract was for administration of an employee benefits plan....