Friday, January 22, 2021

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Contract Provision Stating that Agency “Shall Consider” Equitable Adjustment Does Not Merely Obligate Agency...

COFC decision dismissing contractor’s claim is reversed. The contractor alleged that the government breached and changed the contract by failing to provide government-furnished equipment....

CBCA Finds Termination for Default Unwarranted—Agency Failed to Establish Contractor Was Unlikely to Complete...

Appeal challenging a termination for default is granted. The contracting officer terminated the contract, reasoning that the contractor was unlikely to complete the project on schedule. The board, however, found that the contracting officer had failed to consider to termination factors set forth in the FAR. In particular the contracting officer had not considered the […]
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ASBCA Won’t Consider Appeal Filed One Day Late; Appeal of Haakenson Electric Company, ASBCA...

Appeal of a pass-through claim is dismissed for lack of jurisdiction. Under the Contract Disputes Act, a notice of appeal must be filed within 90 days after the contracting officer’s decision. Here, the appeal was filed 91 days after the decision. The appellant argued that an email sent to the agency constituted a misdirected but […]
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Federal Circuit Holds that Contractor May Use Non-Conforming Legends to Restrict Third Parties’ Rights...

ASBCA decision rejecting contractor’s use of a restrictive marking on technical data provided to the government is reversed. The contract stated that the government...

“Two Roads Diverged in a Yellow Wood . . .”: Uncertainty as to Alternative...

Government’s motion to dismiss appeal is denied. The government argued the appeal should be dismissed because the contractor had not asserted a sum certain...

ASBCA Declines to Reconsider Decision Dismissing Appeal; Appeal of Golden Build Company, ASBCA No....

Contractor’s motion for reconsideration is denied. The board dismissed the contractor’s appeal because the contractor had not filed an underlying claim with the contracting officer. Following the dismissal, the contractor sent the board additional documents and asked for reconsideration. The board found that none of the additional documents amounted to a claim. The board thus […]
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Contractor Unable to Prove that Government’s Claims for Expressly Unallowable Costs Are Barred by...

Contractor’s motion for summary judgment on government’s claims is denied. The government issued final decisions asserting that the contractor had improperly claimed expressly unallowable costs. The contractor argued the government knew about its claims more than six years before it issued the final decisions, so the claims were barred by the statute of limitations. The […]
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CBCA Orders FEMA to Reimburse Local Utility for Disaster Relief Agreement Even Though Agreement...

Application for reimbursement under the Stafford Disaster Relief Act is, for the most part, granted. A Florida utility sought reimbursement for base camps it built for workers responding to Hurricane Irma. FEMA refused to reimburse, claiming that the utility was ineligible because it did not follow federal procurement procedures in procuring the bases. Specifically, FEMA […]
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Contractor Waited Too Long To Get Paid; Appeal of Anis Avasta Construction Company, ASBCA...

Government’s motion for summary judgment alleging untimely claim is granted. The contractor completed the contract in 2011. It asked the government for payment in...

CBCA Can’t Hear Appeal Filed One Day Late; JAF Supply, Inc. v. Department of...

Contractor’s appeal of an agency decision denying a claim is dismissed as untimely. The contractor filed the appeal one day after the CDA’s 90-day deadline for filing an appeal with a board of contract appeals. The contractor argued the delay was unintentional and had not prejudiced the government. But the board found the failure to […]
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