Sunday, January 17, 2021

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Federal Circuit Clarifies When Affirmative Defenses Must Be Submitted as Claims, and When Interest...

On July 9, 2019, the Federal Circuit issued a decision in Army v. KBR, which although nonprecedential, further clarifies when an affirmative defense constitutes a CDA claim that – for jurisdictional purposes – requires a prior Contracting Officer’s Final Decision. As background, the Army withheld $44M in allegedly unallowable security costs from KBR’s invoices. KBR submitted […]
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Federal Circuit Affirms ASBCA Decision Finding Army Breached Agreement to Provide Security to Contractors...

The government’s appeal of ASBCA’s decision granting KBR’s breach of contract claim is denied, where the board properly concluded it had jurisdiction to hear KBR’s affirmative defense of breach of contract against the government’s claim for unallowable costs related to private security services in Iraq. The court explained that an affirmative defense does not have […]
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