Tuesday, September 29, 2020

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Government’s Affirmative Defense Sunk by Circular Reasoning; Appeal of Engility, LLC, ASBCA No. 61281

Government’s motion to amend its answer to add a prior material breach defense is denied in part as futile. The government argued that if the contractor prevailed in its appeal of disallowed costs, the board would have implicitly found that by wrongfully disallowing costs, the government breached the contract. The government believed it could defend […]
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Sworn Statements Based on Conclusory Allegations Can’t Save Contractor’s Claim; Stobil Enterprise v. Department...

Contractor’s claims appeal is denied. The contractor sought damages for the agency’s failure to conduct a performance evaluation, but the contractor never submitted that...

Agency Cannot Dismiss Claim While Simultaneously Admitting It Failed to Fulfill a Contractual Obligation;...

Agency’s motion to dismiss a claim for delay costs is denied. The agency argued that the contractor’s costs had not actually increased as a...

Equitable Adjustment Appropriate Where Agency Assumed Contractor’s Duty to Identify SCA Positions; Sotera Defense...

Contractor’s appeal of a claim for costs incurred after the Department of Labor determined that the contracts at issue were covered by the Service...

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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Government Not Liable for Failing to Provide a Component It Never Promised to Furnish;...

Contractor’s appeal of a claim alleging ambiguous terms, constructive change, and breach of contract is denied. The contractor contended the government had promised, either in the contract itself or verbally, to provide the contractor with a Management Information System (MIS). But ASBCA determined that the contract did not obligate the government to provide an MIS. […]
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Courtesy Copy of Previously Mailed Notice of Termination Extended Time to Appeal Termination; Appeal...

Agency’s motion to dismiss appeal of a termination for cause as untimely is denied. The agency sent multiple notices of termination to the contractor, which made the appeal date unclear. Given the confusion, ASBCA determined that the appeal clock began to run from the date of the last notice. The contractor had appealed within 90 […]
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Christian Doctrine Does Not Bar Claim for Costs Incurred Complying with American Recovery and...

Government’s motion to dismiss for failure to state a claim is denied. The government argued that the court should apply the Christian doctrine—which allows...

Government’s Withdrawal of Claim Results in Dismissal of—Not Summary Judgment on—Contractor’s Appeal; Appeal of...

Appeal of a government claim is dismissed where the government withdrew the claim. The contractor who appealed the claim objected to dismissal, arguing instead that it should be granted summary judgment as result of the withdrawal. But ASBCA ruled that a withdrawn claim deprives the board of jurisdiction. Also, the contractor’s allegation that the government […]
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Government Not Required to Reimburse Expenses Contractor Was Not Obliged to Pay; E&I Global...

Government’s motion to dismiss various counts of contractor’s claim is granted. The contractor had stepped in to complete construction after a previous contractor defaulted. The completion contractor had paid debts owed to the previous contractor’s suppliers and then sued the government for reimbursement of those payments. The court dismissed the suit, finding that the previous […]
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