Sunday, October 25, 2020

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CBCA Finds FEMA Must Reimburse State Agency for Disaster Relief Services that Were Contracted...

Claim asserted through the Stafford Disaster Relief and Emergency Assistance Act’s arbitration provisions is granted. A state emergency agency sought reimbursement from FEMA for hurricane shelters. The state agency had contracted for seven days of shelter services but only ended up using the shelters for four days. FEMA only agreed to reimburse the agency for […]
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Government Not Required to Pay Full Negotiated Fee on Cost Plus Fee Contract If...

Contractor’s motion for summary judgment on its claim seeking to recover a negotiated fee is denied. The contract provided an estimated negotiated fixed fee to be paid to the contractor under a cost plus fee contract. The contractor received payment by submitting requests to the government. By the time the contract had ended, the contractor […]
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Competing Evidence on Effect of Contract Modification Precludes Summary Judgment on Contractor’s Accord and...

Contractor’s and government’s cross-motions for summary judgment contesting alleged accord and satisfaction defense are denied. The government claimed that it had overpaid the contractor. The contractor alleged that a contract modification was an accord and satisfaction that barred the government’s claim. The board noted that an accord and satisfaction only occurs when there is a […]
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Local Government’s Failure to Document Costs Paid to Contractor for Disaster Relief Precluded Recovery...

Claim asserted through the Stafford Disaster Relief and Emergency Assistance Act’s arbitration provisions is granted in part and denied in part. The claimant, a Florida county, sought reimbursement from FEMA for base camps that built for emergency workers after a hurricane. The board found that the county was only entitled to a portion for the […]
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Contractor Entitled to Partial Payment—as Opposed to No Payment—for Performance that Fell Short of...

Contractor’s motion for partial summary judgment is granted. The contractor agreed to install energy efficient lights at government facilities. The contract provided that the...

Government’s Approval of Design that Deviated from Specifications Did Not Change Contract Requirements; Appeal...

Appeal of a contractor claim seeking to recover extra costs incurred replacing a ceiling as part of a construction contract is denied. The contract required the installation of a plaster and lath ceiling. The contractor, however, installed a suspended tile ceiling. The contractor sought the costs of reinstalling the ceiling, contending the government had approved […]
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Government Not Required to Help Contractor Retain Workers at Poverty-Level Wages; Appeals of Zalzar...

Appeal of claims arising out of a contract to provide temporary workers in the Middle East is denied in part and sustained in part....

Contractor Unable to Convince ASBCA to Retain Jurisdiction Over a Moot Dispute; Appeal of...

Appeal challenging contractor’s marginal CPARS ratings is dismissed for lack of jurisdiction. The contractor appealed its marginal ratings alleging they were inaccurate. While the...

Landlord of Post Office Unable to Foist Hurricane Damages Costs Onto Postal Service; Valdes...

Contractors’ appeal of Postal Service’s claim to recover damages to a post office is denied. A hurricane damaged a post office building that the Postal Service leased from the contractors. The Postal Service repaired the damage and then sought to recover the repair costs from the contractors. The contractors argued they were not liable for […]
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ASBCA Affirms Liberal Construction of Notice of Appeal Requirements, Finds Parties’ Joint Status Report...

The contractor filed a formal notice appeal after the 90-day deadline for filing an appeal with the ASBCA. Despite this, the board determined it...