Friday, July 30, 2021

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Contractor’s Attempt to Play Hardball With the Government Results in Termination for Cause; Appeal...

Appeal of a termination for cause is denied. The government terminated because the contractor refused to deliver equipment required by the contract. The contractor claimed it had justifiably refused to deliver the equipment because the government had withheld payment under the contract due to the contractor’s failure to perform a different contract with the government. […]
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CBCA Can’t Tell Whether Parties Had Meeting of the Minds, Denies Government’s Motion for...

Government’s motion for summary judgment on contractor’s claim for back rent is denied. The contractor alleged the government owed back rent under an amendment to a lease agreement. The government argued that the amendment was unenforceable due to a lack of consideration and no meeting of the minds. The board found that there were issues […]
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Board Has No Jurisdiction Over Dispute Involving MOU; CBCA 6768, Delta State University v....

CBCA dismissed an appeal for lack of jurisdiction, finding that the memorandum of understanding between the agency and university did not meet the definition of procurement contract in the Contract Disputes Act, but was akin to a cooperative agreement over which the board has no jurisdiction. The board found that the agreement provided funds to […]
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Termination for Cause Justified by Contractor’s Shoddy Performance; SCS Building Maintenance, Inc. v. General...

Appeal of a termination for cause is denied. The agency terminated a contract for janitorial services after a significant decline in the quality of...

Agency’s Failure to Notify Union That It Was Exercising Option Precludes It From Refusing...

Contractor’s appeal seeking compensation for increased costs resulting from a revised collective bargaining agreement is granted. The contractor claimed it was entitled to a new wage determination to reflect rates negotiated as part of a new CBA with its employees. The agency denied the claim, contending that under FAR 22.1012-2, a new CBA is not […]
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Letter of Intent Signed By Agency is Not an Enforceable Contract; 7800 Ricchi, LLC...

Government’s motion for summary judgment on contractor breach claim is granted. The contractor claimed the government breached a lease agreement. The court, however, found that the parties never reached an enforceable agreement. The government had signed a letter of intent, but the court found the letter was not a contract due to lack of offer […]
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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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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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Failure to Understand Licensing Terms Torpedoes Copyright Infringement Suit Against the Navy; Bitmanagement Software...

The COFC found that the Navy did not infringe on a software company’s copyright. The company alleged the Navy had only purchased 38 licenses for a program but copied the program to hundreds of thousands of computers. The COFC ruled, however, that the company had consented to a “floating license” arrangement that authorized multiple copies […]
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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...