Tuesday, September 29, 2020

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ASBCA Drops a Knowledge Bomb on the Navy, Succinctly Explains Summary Judgment Standard in...

Navy’s motion for summary judgment on contractor’s claims is, for the most part, denied. The board found that the Navy misunderstood the standard for...

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 contractor had incorporated them without receiving additional consideration from the contractor. Moreover, the board reasoned, even […]
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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....

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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Contractor’s Receipt of Government Estimate and Price Information Not a Violation of Procurement Integrity...

Government’s motion for summary judgment on contractor’s appeal is denied. The contractor appealed a termination for default. The government moved for summary judgment, arguing...

Contractor that Paid Employee to Essentially Stare at the Wall Unable to Convince ASBCA...

Claim for labor and overhead costs incurred while waiting for resolution of a bid protest is denied. The contractor sought to recover the salary...

GSA’s Attempt to Deny Validity of Leidos/Lockheed Novation is a Morass of Legalistic Nitpicking;...

Contractor’s motion to dismiss appeal for lack of jurisdiction is granted where the government has asserted a claim against the wrong party. GSA asserted a claim against Lockheed Martin for alleged overbilling under a contract. The Lockheed unit that performed that contract, however, had been acquired by Leidos, and Leidos had assumed Lockheed’s obligations under […]
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Tecom Correct Standard for Determining Allowability of Retaliation Litigation Costs; CAFC 2018-2055, Bechtel National...

Appeal of the COFC’s decision denying a claim seeking reimbursement of the contractor’s costs defending itself from a sexual harassment and retaliation lawsuit is denied, where the contract expressly barred such discrimination and where neither the costs related to an adverse judgment or settlement were allowable. The court held that the standard established in Geren […]
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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 Affirms ASBCA Decision Finding Army Breached Agreement to Provide Security to Contractors...

The government’s appeal of ASBCA’s decision granting KBR’s breach of contract claim is denied, where the board properly concluded it had jurisdiction to hear KBR’s affirmative defense of breach of contract against the government’s claim for unallowable costs related to private security services in Iraq. The court explained that an affirmative defense does not have […]
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