Friday, July 30, 2021

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Contractor Tries to Blame Government, Subcontractors, and Material Shortages for Default, But ASBCA Doesn’t...

Appeal of a termination for default is denied. The agency terminated the contract after the contractor fell months behind in providing items for first article testing. The contractor argued that its delay was caused by the government’s failure to provide a government-furnished assembly. But the board found this could not have caused the delay, because […]
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Claim that Doesn’t Itemize Components and Just Contains a Bottom-Line Total Fails to State...

Government’s motion to dismiss appeal for lack of jurisdiction is granted. The government alleged the contractor had failed to state a sum certain for...

Government Cannot Waive Defects in Final Decision; Appeal of URS Federal Support Services, Inc.,...

Appeal seeking reimbursement for a contract modification unilaterally executed by the government is, for the most part, denied. The government argued that the board lacked jurisdiction because the contractor had not timely appealed from the unilaterally executed modification. The board reasoned that the modification lacked formalities, such as notice of appeal rights, so the contractor […]
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Contractor that Lied About Its HUBZone Status, Didn’t Obtain Bonding, and Failed to Perform...

Government’s motion for summary judgment on appeal challenging termination for default and government claim for reprocurement costs is granted. The contractor argued that its default was excusable. The board disagreed reasoning that the contractor’s default was the result of its own fraud in misrepresenting its HUBZone status. The contractor alleged it should not be liable […]
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Just Because Claim Is a Little Sus Doesn’t Mean It “Involves” Fraud; Appeals of...

Government’s motion to dismiss appeals for lack of jurisdiction is denied in part and granted in part. The government claimed that the contractor’s claims involved fraud. Thus, the contracting officer lacked authority to decide the claims, and the board lacked jurisdiction to hear them. The board, however, reasoned that the contracting officer only suspected that […]
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Issues of Fact Preclude Summary Judgment on Government’s Affirmative Defense of Release; Appeal of...

Contractor’s motion for summary judgment on government’s affirmative defense of release and waiver is denied. The parties had signed a settlement agreement with a release clause. The government claimed the release obviated the contractor’s claim and subsequent appeal. The contractor claimed it preserved its claim in the release. The board found that there were issues […]
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ASBCA Finds that Government Failed to Meet Its Burden of Proof in Denying Various...

Appeals of government claims seeking recovery from contractor of alleged unallowable costs are, for the most part, sustained. The government claimed the contractor had claimed unallowable costs for lobbying, corporate development, patents, travel, and recruitment. The board found that for the vast majority of its claims, the government had not met its burden of proof […]
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It’s in There Somewhere: ASBCA Rejects Contractor’s Implied Claim Certification Theory; Appeals of Kamaludin...

Government’s motion for summary judgment alleging that claim was barred by statute of limitations is granted. The contractor submitted a claim letter that lacked...

I Know You Are But What Am I? Factual Issues Prevent Board from Determining...

Cross-motions for summary judgment in appeal challenging a termination for default are denied. The board found that the government had met its burden in demonstrating a termination for default. The contractor had failed to provide bonds by Treasury-approved sureties as required by the contract. The board, however, found that there were disputed issues of fact […]
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ASBCA Precludes Government from Assessing Full Amount of Liquidated Damages for a Late But...

Contractor’s motion for summary judgment on claim seeking remission of liquidated damages is granted in part. The contract had three phases with the first phase representing about 98 percent of the work. The contractor was a month late in completing the final phase. The government assessed liquidated for the late work. The contractor argued that […]
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