Wednesday, April 14, 2021

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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, […]
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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...

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...

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....

Parties’ Course of Dealing Negates Agency’s Interpretation of Contract; Appeal of Fluor Federal Solutions,...

Appeal of contractor’s claim is granted where the agency’s interpretation of the contract was untenable. The parties disputed whether the contractor was required to provide 24/7 staffing at a water treatment plant. The agency had said nothing about 24/7 staffing in response to questions from offerors, and the contract itself did not explicitly require round […]
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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...

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...

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...

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....

ASBCA Dismisses Appeal Based on Apparent Fraudulent Claim; Appeal of Kamran Zaland Supplies and...

Government’s motion to dismiss contractor’s claims appeal is granted. The government argued that the claimant had submitted a fraudulent/forged claim and that without a...