Wednesday, December 1, 2021

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CBCA Can’t Tell Whether Claimed Costs Were Incurred or Even Reimbursable, Denies Cross-Motions for...

Cross-motions for summary judgment on claim for reimbursement of taxes are denied. The contractor alleged it was entitled to recover taxes paid to the Afghan government. The board found that it was not clear the contract had actually paid those taxes. The government argued the contract did not provide for the reimbursement of taxes. But […]
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Protesters Complained They Weren’t Given Choice to Participate in Second Phase of Evaluation, But...

Protests challenging rejection of proposals as noncompliant is denied. The solicitation provided for a two-phase evaluation. The protesters argued that offerors could elect to...

Law Firm Was Proper Representative of Appellants: Appeal of Lessors of Abchakan Village, Logar...

Government’s motion to dismiss is denied. The government argued that a law firm representing a group of lessors was not a proper representative. The...

Clarification or Augmentation? Portions of Amended Complaint Merely Refined Existing Claim, But Other Portions...

Government’s motion to strike portions of an amended complaint is granted in part and denied in part. The government alleged the contractor had filed...

Government Can’t Assert Accord and Satisfaction Defense When It Continued to Negotiate With Contractor...

Appeal of claim seeking delay costs for differing site conditions is granted in part and denied in part. The contractor alleged 249 days in...

Board Chucks Motion for Reconsideration Like It’s that Chicken Parm You Left in the...

Contractor’s motion for reconsideration is denied. The board denied an appeal of a termination for cause. The contractor moved the board to reconsider. The...

ASBCA Doesn’t Let Government Squirm Out of Different Site Condition Claim; Appeal of Blue...

Government’s motion for summary judgment on a differing site condition claim is denied. The government alleged that problems the contractor encountered were not due to a differing site condition but rather problems with the contractor’s drawings. The board found that issues of fact precluded summary judgment. The Navy awarded Blue Rock Structure a task order […]
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“And You Could Have It All, My Empire of Dirt”: Claimant Misread Contract as...

Government’s motion for partial summary judgment is granted. The contractor alleged the contract required the government to provide a soil disposal and the failure...

ASBCA Can’t Assess a Penalty Against the Government for “Inappropriate Action”; Appeals of D-STAR...

Government’s motion for partial dismissal is granted. The contractor asked the board to assess a penalty against the government for inappropriate actions. The board dismissed the request. The contractor appeared to request a penalty under the Debt Collection Act. but the board does not have jurisdiction to assess penalties against the government under that Act. […]
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Government Moves for Reconsideration of ASBCA Decision, But the Board’s Not Feeling It; ...

Government’s motion for reconsideration is denied. The government asked the board to reconsider its denial of the government’s motion for summary judgment. The board had found there were issues of fact relating to the contractor’s affirmative defense to a termination. The government contended the contractor had waived its affirmative as a matter of law. The […]
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