Saturday, December 5, 2020

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Appellant’s Decision Not to Appeal Denial of Revised Claim Does Not Moot Appeal of...

The government’s motion to dismiss two appeals as untimely is denied, where the appellant’s decision not to appeal the denial of a revised claim did not deprive the board of jurisdiction to consider appeals involving the original claim and a second revised claim. The board found the three claims varied only slightly in the request […]
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Agency’s Agreement to Pay Claim Moots Appeal Over Contractor’s Objection; ASBCA No. 60950, Patriot...

Appeal of the agency’s denial of a claim seeking reimbursement of SCA wage differentials is dismissed as moot, as the agency and appellant reached an agreement on the claim and the relief sought by the appellant was obtained. The appellant opposed the government’s motion to dismiss, because it wished to file a request for attorneys’ […]
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Providing Agency with Sales Samples Does Not Create Implied-in-Fact Contract; ASBCA No. 61608, Appeal...

Appeal of the agency’s denial of a claim for the costs of sample products and product development is denied, where the parties never entered...

Government Acted in Extreme Bad Faith When It Terminated a Contract Based on a...

COFC determined that an agency wrongfully terminated a contract for default where the termination was based on “systemic harassment and trouble-making” directed at the...

Contractor Cannot Claim Non-Performance Excusable After Providing Repeated Performance Assurances; CBCA 4241, Appeal of...

Appeal of the agency’s termination of a contract for cause is denied the where contractor failed to provide services required by the contract, despite its repeated assurances to the agency that it could perform, and failed to provide any evidence to show that its non-performance was excused by problems with a third-party. Ucensys Research Corp. […]
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Contractor Can Recover Only Costs for Test Items Produced Prior to Termination; ASBCA No....

Appeal of a claim for termination costs is denied in part where the (1) contract was terminated after the contractor delivered “first article” test units, and (2) the contract contained a “First Article Approval” clause that limited the contractor’s recovery to the cost of those test units in the event the contract was terminated before […]
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Complaint Alleging Misleading Discussions and Negotiations Not a Bid Protest, Board Says; ASBCA No....

The government’s motion to dismiss multiple counts of the appellant’s claims is denied, where the appellant’s claim of constructive change was based on the...

Appellant Knew Suitable Materials Were Unavailable from Government’s Source, Because Source was Its Own...

Appeal of the agency’s denial of a portion of a request for equitable adjustment is sustained in part, where the appellant reasonably relied on a government-provided list of material prices as the basis for its cost estimate and where the contract stated the contractor would be compensated if the actual prices exceeded 10 percent of […]
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Appellant Offered No Excuse for Failing to Comply with Specifications in Own Quotation; ASBCA...

Appeal of the agency’s decision to terminate a contract for cause is denied, where the appellant failed to deliver goods that met the contract specifications, and failed to rebut the agency’s conclusions, offer a reason for its noncompliance, or take advantage of the opportunity to correct the issues with its goods. The appellant argued it […]
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Government Cannot Rely on Hearsay to Show that Contractor Failed to Meet Specifications; ASBCA...

Appeals of the agency’s denial of claims seeking payment for work outside the scope of the construction contract are mostly granted, where the contract did not call for certain work directed by the agency and where the agency took beneficial occupancy of the facility well before the date it claimed when it levied liquidated damages. […]
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