Friday, January 22, 2021

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ASBCA Precludes Contractor from Externalizing the Costs of Its Labor Practices; Appeals of Kellogg...

Government’s motion to dismiss and motion for summary judgment on contractor’s appeal are granted. The contractor provided base support services in Djibouti. The contractor,...

Agency Not Required to Identify Board to Which Claimant May Appeal; Mahavir Overseas v....

Appeal of agency claim is dismissed as untimely. The agency issued a final decision asserting a claim against a contractor, seeking reimbursement for defective items. The contractor asked the agency where it could appeal the decision. The agency notified the contractor that it could appeal to the CBCA after the 90 day appeal had passed. […]
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Ambiguity In Modification Precludes Summary Judgment on Contractor’s Accord and Satisfaction Defense; Transworld Systems,...

Contractor’s motion for summary judgment on its accord and satisfaction defense to a government claim is denied. The government claimed that it had overpaid the contractor. The contractor alleged that a contract modification was an accord and satisfaction that barred the government’s claim. An accord and satisfaction only occurs when there is a meeting of […]
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Contractor’s Unequivocal Refusal to Perform Warrants Termination for Cause; Appeal of Molly Jessie Company,...

Appeal challenging termination for cause is denied. The government terminated the contract because the contractor flat out refused to perform. The contractor claimed it nonperformance was excused because the contract’s safety paperwork requirements were excessive. The board found that the burdensome paperwork requirements did not excuse nonperformance. If the contractor had a problem with the […]
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Doctrine of Collateral Estoppel Did Not Preclude Contractor From Raising Issue in Quantum Appeal...

Motion to dismiss a contractor’s quantum appeal is denied. The agency alleged that a crucial issue in the appeal—namely, whether the contractor’s design for...

Contractor’s Settlement of False Claim Investigation Not an Admission of Fraud that Voided Contract;...

VA’s motion for summary judgment on contractor’s claim is denied. The contractor had settled a False Claims investigation with DOJ. The VA argued that...

Claimant’s Failure to File Complaint on Time Does Not Warrant Dismissal For Failure to...

Government’s motion to dismiss claimant’s appeal for failure to prosecute is denied. A dismissal for failure to prosecute is only warranted when a party repeatedly fails to comply with the board’s orders. Here, the claimant had not repeatedly failed to comply with board orders, and the late filing of the complaint did not prejudice the […]
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Claim Barred by Statute of Limitations After Contractor Spent Six Years Lollygagging; Appeal of...

Government’s motion for summary is granted. The government argued that the claim was barred by the CDA’s six-year statue of limitations. The board found that the claim accrued in July 2017, but that the contractor had not submitted a claim to the contracting officer until September 2017, more than six years after accrual. The contractor […]
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Contractor’s Lack of Sophistication Did Not Make Release Provision Unconscionable; Muhammed Tariq Baha v....

Government’s motion for summary judgment on a contractor’s claim for unpaid rent is granted where the contractor agreed to release the government from liability....

Appellant Wins Appeal but Nets Only Half the Recovery COFD Originally Awarded; ASBCA No....

Appeal of the agency’s denial of a claim for compensable delay is sustained in part, where the appellant failed to provide any rationale for recovery but the government’s expert witness suggested that some payment was owed. The appellant’s failure to support its case resulted in a recovery of half the amount the contracting officer originally […]
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