Friday, July 30, 2021

Subscribers Only

Free

Contractor Unable to Recover Costs Caused by Ebola Virus Epidemic; Pernix Serka Joint Venture...

Claim for costs incurred as a result of an Ebola epidemic is denied. The contractor sought costs for shutting down a worksite and evacuating...

Having Implicitly Ratified a Contract Modification, Agency Could Not, Through an Express Ratification, Change...

Contractor’s motion for summary judgment in an appeal of a denied claim is granted. The contractor argued that the agency had implicitly ratified the...

Contract to Remove a Tree Once Owned by Teddy Roosevelt Did Not Give Contractor...

Contractor’s claims for injunctive relief and an unconstitutional taking are dismissed. The contractor had a contract to remove a tree that had belonged to...

Contracting Officer Lacked Authority to Incorporate Contractor’s Supplemental Terms and Conditions Into Contract; Appeal...

Contractor’s claim for breach is denied. The contractor claimed the government had breached terms and condition that the contracting officer had incorporated into the contract. The board, however, found that the terms and conditions were not binding because the contracting officer had incorporated them without receiving additional consideration from the contractor. Moreover, the board reasoned, […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Government Asserted Claims Arising From Contractor’s “Staggering Fraud,” But Contractor Bore the Burden of...

Government’s claims seeking reimbursement for overcharges are, for the most part, granted. The contractor had a contract to deliver food to troops in Afghanistan....

Reformation of Contract Warranted Where Government Provided Inaccurate Information to Offerors; Appeal of DynCorp...

Appeal seeking reformation of a contract is sustained where the government provided the contractor with inaccurate data during the bidding process. The ASBCA found...

Subcontractor Successfully Pleads that It’s a Third Party Beneficiary of Prime’s Contract with Government;...

Government’s motion to dismiss subcontractor’s suit for failure to state a claim is denied in part. A subcontractor sued the government claiming that it...

Agency’s Defective Pricing Claim Collapses—Contractor Did Not Withhold Cost Data, and the Data ...

Appeal of government’s defective pricing claim is sustained. The government argued that the contractor had withheld cost data, which caused the government to overpay....

Government Not Required to Foot the Bill for Contractor’s Golden Parachute; Appeal of DynCorp...

Appeal of DCMA decision disallowing severance payments made to contractor’s CEO is denied. DCMA determined that the contractor had improperly recovered costs of severance...

ASBCA Limns the Boundary Between an REA and Claim, Finds Contractor Can’t Implicitly Convert...

Government’s motion to dismiss appeal as untimely is denied. The contractor had submitted requests for equitable adjustment to the agency, which had been denied....