Tuesday, October 26, 2021

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Bringing Home the Davis-Bacon: Contractor Can’t Recover for Increased Wage Determination; Appeal of Gulf...

Appeal of a claim seeking to recover increased costs due to wage determination is denied. The contract included a clause that stated the contractor was not entitled to a cost adjustment for a change in wages as a result of a DOL wage determination that applies during the contract’s option years. The contractor (and a […]
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From Rags to (Evidentiary) Glitches: Contractor Sought Summary Judgment on Claim Under Contract for...

Contractor’s motion for summary judgment on its appeal is denied. The contractor’s motion was not supported by affidavits, deposition testimony, or any other documents. In fact, the parties had yet to conduct discovery. The contractor had not provided evidence to demonstrate entitled to summary judgment. Lavender Co. had a contract with the Marine Corps to […]
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Contractor Alleged Constructive Change, But Board Finds Company Didn’t Follow Contract’s Terms; Appeal of...

Appeal of a constructive change claim is denied. The contractor alleged the government changed the contract by directing it perform work replacing the door...

CBCA: You Can’t File a Claim Before You Become a Government Contractor; 3 Crescent...

Appeal alleging the government breached a lease is dismissed. The claimant asserted that the government failed to vacate leased premised by the end of...

Federal Circuit Reverses ASBCA, Holds Board Miscalculated the Date on Which Contractor’s Claim Accrued;...

ASBCA decision finding that contractor’s claims were barred by the statute of limitations is reversed. The contractor sought reimbursement for fees assessed against it...

Board Has Jurisdiction over Agency’s New Legal Theory on Appeal Even Though It Wasn’t...

Contractor’s motion to dismiss government’s theory for lack or jurisdiction is denied. The government issued a final decision disallowing costs, and the contractor appealed....

Claimant Plausibly Alleged Existence of Contract, Skirts Government’s Motion to Dismiss; Appeal of Siemens...

Government’s motion to dismiss for lack of jurisdiction is denied. The government alleged the board lacked jurisdiction because the claimant never had a contract with the government. The board, however, found that the claimant has sufficiently alleged the existence of a contract in its pleadings. The allegations were enough to survive a motion to dismiss. […]
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Federal Circuit Holds that Contract Unambiguously Precluded Costs Contractor Was Claiming; Starwalker PR LLC....

ASBCA decision denying contractor’s appeal is affirmed. The contractor provided trucking services to the government. The contractor claimed it was entitled to costs associated with backhaul—i.e., the movement of a vehicle from the destination it delivered cargo back to its origin. The contractor argued that backhaul operations were part of each delivery mission. The court […]
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Agency Miscalculated Delivery Date, Wrongly Terminated Contract for Default; Appeals of Iqrar Ahmed Partner...

Appeal of a termination for cause is sustained. The contract schedule required delivery of goods 60 days after award. The government terminated because the contractor did not deliver within 60 calendar days. The board, however, reasoned that the statement of work had clarified that the 60 days were working days, not calendar days. The government […]
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Awardee’s Subcontractor Was “Operationally Involved” in Incumbent Contract, But this Involvement Did Not Result...

Protest alleging an OCI and challenging the agency’s evaluation is denied. The protester alleged that awardee’s subcontractor had access to propriety information belonging to the protester’s subcontractor, which had been the incumbent contractor. But GAO found the agency had properly investigated the alleged conflict and reasonably found no unequal access OCI. While the awardee’s subcontractor […]
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