Tuesday, September 29, 2020

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Issues of Material Fact Sink Contractor’s Motion for Summary Judgment on Claim for Subcontractor...

Contractor’s motion for summary judgment on its claim for subcontractor-incurred costs is denied. The agency disallowed millions in subcontractor costs on the grounds that they were not adequately supported in the contractor’s audit report. The contractor asserted the costs were supported in accordance with the audit plan the agency had agreed to. The agency maintained […]
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ASBCA Lacks Jurisdiction Over Appeal of Claim that Was Never Submitted to the CO...

Government’s motion to dismiss appeal for lack of jurisdiction is granted. The contractor had a contract but never performed it because the government never needed the contractor’s services. After the government notified the contractor that the contract would be de-obligated, the contractor filed an appeal with ASBCA. The board dismissed the appeal because the contractor […]
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Contracting Officer’s Post-Appeal Fraud Allegation Does Not Divest ASBCA of Jurisdiction; Appeals of ESA...

Government’s motion to dismiss contractor appeal for lack of jurisdiction is denied. The government claimed that board lacked jurisdiction over the appeal because the underlying claims were based on fraud. The contractor had appealed its claims in 2019. The government, however, had not alleged fraud until 2020. The board refused to find that a postappeal […]
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CBCA Refuses to Reform Contract to Correct an Alleged Deficiency Not Identified During Discussions;...

Appeal seeking reformation of a contract is denied. The agency issued a solicitation seeking to lease a building. The solicitation provided that the contractor...

Back Rent Owed by GSA to Contractor Was Not Covered by Condemnation Proceeds; HPI/GSA-4C....

Contractor’s claim for damages is granted. The board found that the GSA was liable to the contractor for back rent due to the agency’s failure to properly notify the contractor that it was terminating a lease. GSA claimed it owed nothing because the contractor had received funds that covered the back rent as part of […]
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ASBCA Divines Contract Terms From a Bunch of Conflicting Documents, Sustains Contractor’s Appeals; Appeals...

Contractor’s appeal of its own denied claim and of an agency claim for repayment is sustained. The parties had a contract for the creation of a Standard Operating Procedures manual. The contractor asserted a claim for an unpaid invoice. The agency refused to pay the involve, alleging the contractor provided a shoddy manual. The agency […]
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Government Constructively Changed Contract By Contravening Parties’ Course of Dealing; Appeals of Raytheon Company...

Appeal of a contractor claim asserting a constructive change is sustained. The contractor provided missiles to the government. The contractor was also required to...

Lack of Final Decision from Contracting Officer Negates Government’s Claim Against Contractor; 1000-1100 Wilson...

Contractor’s motion for summary judgment on government’s claim is granted in part. The contractor argued that the government had improperly setoff payments under the contract. On appeal, the government submitted a complaint asking the board to declare the setoffs valid. The board found that the setoffs were government claims. The government, however, only has a […]
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ASBCA Cannot Enjoin Government from Collecting Its Claim Pending Appeal; Arcade Travel, Inc. d/b/a...

Government’s motion to dismiss appeal is denied in part and granted in part. The contractor appealed a termination for cause and a government claim against the company. The government moved to dismiss the appeal of the termination for lack of jurisdiction and to dismiss the contractor’s request that the board restrain the government from collecting […]
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ASBCA Able to Discern Enough of a Claim in Contractor’s Jumbled Complaint to Deny...

Government’s motion to dismiss for failure to state a claim is denied. The board found that while the contractor’s complaint was not a model of clarity, a plausible outline of a claim could be divined. The contractor had pleaded enough facts to establish that (1) it had a contract with the government, (2) it performed […]
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