Monday, March 1, 2021

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Bizarre Subcontracting Arrangement Still Subject to CDA’s Statute of Limitations; COFC No. 19-376C, Thomas...

An appeal of the agency’s denial of a claim for unpaid amounts under a construction contract is denied, where the plaintiff failed to file within a year of the deemed denial. The plaintiff alleged the agency violated procurement standards when it rejected his lowest priced bid and arranged for his company instead to perform under […]
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Equitable Adjustment Appropriate Where Agency Assumed Contractor’s Duty to Identify SCA Positions

By Todd Overman Bass Berry & Sims – A recent decision in Sotera Defense Solutions, Inc. v. Department of Agriculture, CBCA 6029, 6030, by the United States Civilian Board of Contract Appeals (CBCA), upheld a contract provision that imposed greater obligations on the government than required by the Service Contract Act (SCA). The validity of […]
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Government’s Claim Barred by Statute of Limitations; Appeal of URS Federal Services, Inc., ASBCA...

Contractor’s motion for summary judgment on the government’s claim is granted in part. The government asserted that the contractor had failed to seek government...

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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