Friday, July 30, 2021

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Federal Circuit Doesn’t Let GSA Wriggle Out of Real Estate Taxes Owed to Contractor;...

CBCA decision, which had denied a claim against GSA for payment of real estate taxes, is reversed. GSA leased property from the contractor. The...

Can’t Stop, Won’t Stop: Government Liable for Intransigently Continuing to Use Contractor-Provided Software After...

Contractor’s motion for summary judgment on its claim is granted. The contractor provided software to the government. The government willfully continued to use the...

Contractor Thought It Was Negotiating With Agency, But CBCA Finds It Was Haggling with...

Appeal of contractor claim seeking additional rent under a lease with the GSA is denied. The lease provided for adjustments of rent based on increases in property taxes. The parties disputed the base line tax rate used for calculating adjustments. The contractor alleged the parties had negotiated and agreed to use the 2013 assessment as […]
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Solicitation Subverted Intent of SBA’s Mentor-Protégé Regulations and Contained an Inscrutable, Undefined Requirement; Innovate...

Protest challenging the terms of a solicitation is sustained. The solicitation required each member of joint venture to provide a work sample that satisfied...

ASBCA Denies Claims Not Causally Related to Alleged Breach; Appeals of John Shaw LLC...

Appeal of contractor claim seeking damages for lost equipment, taxes, and labor expended in pursuing the claim is denied. The contractor alleged that by paying invoices late, the government had breached the implied duty of good faith and fair dealing. The contractor sought to recover a variety of consequential damages stemming from this breach. The […]
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Board May Lack Jurisdiction to Hear Claims Arising from Bill of Lading, But CBCA...

Government’s motion to dismiss appeal for lack of jurisdiction is denied. The government argued that the contractor’s claims arose from a bill of lading, and that the board does not have jurisdiction under the CDA arising from a bill of lading. The board, however, found that the contractor’s actual claim was that the government had […]
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Mere Suspicion of Fraudulent Claim Is Not Enough to Divest Board of Jurisdiction Over...

Government’s motion to dismiss appeal for lack of jurisdiction is denied. The government argued the contractor’s claim involved fraud and thus the contracting officer was prohibited from issuing a final decision on the claim. Because there had been no final decision, the government argued, the board lacked jurisdiction over the appeal. The board, however, found […]
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DCMA Letter Expressing Some Thoughts About Unallowable Costs Was Not a Government Claim; Appeal...

Government’s motion to dismiss appeal for lack of jurisdiction is granted. The contractor sent a letter to the government stating that it believed certain litigation costs were recoverable. The government responded with a letter opining that the costs were not allowable. The contractor appealed alleging the government’s letter was a claim. The board found that […]
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No Constructive Change When the Agency Did Not Unequivocally Direct Contractor to Alter Performance;...

Appeal of claims asserting differing site conditions and constructive changes is denied. The contractor alleged that it had encountered a concrete-encased utility line that differed from the conditions indicated in the contract. The board, however, found that the contract had not indicated whether the line would be exposed. In fact, a reasonable contractor would have […]
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ASBCA Declines to Hear New Arguments Raised in a Motion for Reconsideration; Appeals of...

Motion for reconsideration of denied claim is denied. The board found that the motion consisted of new arguments that should have been raised earlier in the case-in-chief. As a result, those arguments were waived. The board also analyzed each of the new argument and found them all meritless. CDM Constructors had a contract with the […]
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