Tuesday, April 7, 2020

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CBCA Lacks Jurisdiction Over Dispute Concerning Government Option to Purchase Real Property: U.S. Overseas...

Appeal of a termination for default is dismissed for lack of subject matter jurisdiction. Under the Contract Disputes Act, the CBCA does not have jurisdiction over appeals involving the conveyance of real property. The contract at issue was a construction and lease contract that gave the government the option to purchase real property. Although the […]
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Contractor’s Claim for Extended Home Office Overhead Costs Barred by Final Payment Defense; Appeal...

Contractor’s appeal of a claim for extended home office overhead costs is denied. The contractor was unable to establish that the government had caused delay. Additionally, to the extent the government caused delay, the contractor was unable to show that it had not been concurrent delay. Moreover, while the contractor alleged that the contract had […]
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Third Party Beneficiary of Government Contract Cannot Seek Claim Before CBCA; Rashid El Malik...

Appeal of third party beneficiary seeking to enforce a government a contract is dismissed for lack of jurisdiction. The appellant argued that as the...

Contractor’s Unequivocal Refusal to Perform Warrants Termination for Cause; Appeal of Molly Jessie Company,...

Appeal challenging termination for cause is denied. The government terminated the contract because the contractor flat out refused to perform. The contractor claimed it nonperformance was excused because the contract’s safety paperwork requirements were excessive. The board found that the burdensome paperwork requirements did not excuse nonperformance. If the contractor had a problem with the […]
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Agency Liable for Claim Due to Prodigious Obliviousness and Indifference as to What It...

"To see what is in front of one's nose needs a constant struggle" -- George Orwell Contractor's appeal from a denied claim is sustained. The contractor...

CBCA Reminds Claimants that Statements Made in a Contracting Officer’s Decision Are Not Binding...

Contractor’s motion for summary judgment is denied. In support of its summary judgment motion, the contractor submitted a statement of facts that cited only to the contracting officer’s decision denying the claim. The board reasoned that because it reviews claims de novo, a contracting officers’ statements denying a claim are not evidence and are not […]
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Contractor’s Relentless Goldbricking Justified Termination for Cause; Appeal of Molly Jessie Company, ASBCA No....

Appeal of agency decision to terminate contract for cause is denied. The agency terminated because the contractor had stopped performing. The contractor claimed it...

Close Enough for Government Work? Damages Claim for Increased Costs Cannot Be Based on...

Contractor’s motion for summary judgment seeking a ruling on the sufficiency of data supporting its damages claim for increased costs is denied. The board...

CBCA Defers Ruling on Jurisdictional Question Involving Proper Respondent Until It Can Rule on...

Motion to consolidate appeals is granted. The contractor had a GSA schedule contract. It filed the same claim with both GSA and the purchasing...

COFC Decision Did Not Preclude, Under Doctrine of Res Judicata, a Related Claim Before...

Government’s motion for summary judgment alleging that appeal is barred by doctrine of res judicata is denied. The government alleged that a COFC decision...
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