Tuesday, January 25, 2022

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Agency Reasonably Considered a Single Element of Quotation a Weakness Under Two Different Evaluation...

Protest challenging exclusion of quotation from the competitive range is denied. The protester alleged the agency applied unstated evaluation criteria, but GAO found the agency considered matters that were logically encompassed by the stated criteria. The protester complained that the agency double-counted a single weakness under two evaluation factors. But an agency is not precluded […]
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Protester Can’t Prove Its Entitled to All Costs Incurred Due to Pandemic-Caused Delay; Nues...

Appeal of claim for costs incurred by a pandemic-related stop work order is granted in part. The agency directed the contractor to stop work due to the pandemic and then later terminated the contract for convenience. The contractor sought costs incurred as a result of the cancellation of work. Generally, a contractor with a fixed-price […]
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Contractor’s Program Manager Had Authority to File Appeal; Appeal of StructSure Projects, Inc., ASBCA...

Government’s motion to dismiss appeal is denied. The government argued the appeal was void because it had been filed by the contractor’s program manager, not by an officer or licensed attorney. But the board found that the program manager was an authorized representative who could filed the appeal. The government also argued the appeal should […]
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Contractor Can’t Recover Loss of Revenue Caused by COVID-19 Pandemic; OWL, Inc. v. Department...

Appeal of claim seeking revenue lost due to the COVID-19 pandemic is denied. Due to the pandemic, the government reduced the requirements it had been ordering from the contractor. The board reasoned that the contract at issue was a requirements contract, meaning that the government was only obligated to order its actual requirements from the […]
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Parties’ “Minimalistic Approach to Briefing” Precluded Entry of Summary Judgment; BES Design/Build, LLC...

Parties’ cross-motions for summary judgment on contractor’s change claim are denied. The contractor argued the government changed performance by requiring the design of underground...

CBCA Rejects Interpretation that Would Make Portions of Contract Superfluous; Phoenix Management, Inc. v....

Claim seeking to recover withheld payments is denied. The government withheld payments alleging the contractor improperly reduced staffing levels. The contractor argued the contract did not require it maintain a consistent staffing levels. The board rejected this argument finding that such an interpretation would render other portions of the contract—that specifically cautioned against reducing staff—superfluous. […]
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ASBCA Finds Government Liable for Delay and Differing Site Condition, Denies Contractor’s Other Claims;...

Appeals of claims arising from renovation of a NASA rocket test stand are sustained in part and denied in part. The board found NASA was liable for delaying approval of a welding technique and for a different site condition. But the board found the contractor’s additional defective specifications and change claims meritless. Background NASA awarded […]
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Parties Submitted Too Much Conflicting Evidence for CBCA to Enter Summary Judgment; NTT Data...

Parties’ cross-motions for summary judgment are denied. While the parties agreed the issue in the appeal was a matter of contract interpretation, they had submitted voluminous evidence—depositions, emails, reports—outside the contract itself. The amount of evidence indicated considerable dispute as to material facts, which precluded summary judgment.  Background NTT Data Services Federal Government, LLC had […]
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Contract’s Performance Period Is Not a Warranty that Work Can Be Performed in that...

Government’s motion for summary judgment on appeal is granted in part. The contractor argued that the 365-day performance period was a warranty that the contract could be completed in 365 days. Wrong, said the board. A due date specified in a contract is not a warranty by the government that a contract can be completed […]
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Factual Issues Preclude Summary Judgment in Appeal Arising from Contract for Respiratory Masks; Zach...

Contractor’s motion for summary judgment on its appeal is denied. Numerous issues of fact concerning the number and quality of products supplied prevented the board from making a proper ruling. Background Zach Fuentes, LLC (ZFL) had a contract with the Department of Health and Human Services (HHS) to provide KN95 respiratory masks. The contract, however, […]
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