Monday, January 17, 2022

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ASBCA Finds that Government Failed to Meet Its Burden of Proof in Denying Various...

Appeals of government claims seeking recovery from contractor of alleged unallowable costs are, for the most part, sustained. The government claimed the contractor had claimed unallowable costs for lobbying, corporate development, patents, travel, and recruitment. The board found that for the vast majority of its claims, the government had not met its burden of proof […]
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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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Keeping a Workforce on Standby Does Not Mean They Must Be Idle; RLS Construction...

Government’s motion for summary judgment in contractor's claims appeal is denied due to issues of material fact. The government claimed the contractor's claims were...

Federal Circuit Rejects Air Force’s Claim that Contract for Welfare of Servicemembers Was Not...

Appeal of two ASBCA decisions is affirmed in part, reversed in part, and dismissed in part. The contractor asserted claims for extra costs incurred...

Request for Equitable Adjustment Did Not Qualify as CDA Claim for Purposes of Statute...

Government’s motion to dismiss claims appeal as barred by the statute of limitations is granted. The contractor asserted various claims seeking damages for delays...

CBCA Finds Agency Breached Software Licenses But Limits Contractor’s Damages to Licenses’ Fair Market...

Claim alleging that agency breached a software license is granted. The agency initially licensed the software on a per server basis, where each server had a single processor. But the agency upgraded its servers so that each server now had sixteen processing cores. The agency modified its licensing agreement to reflect the upgrade, but the […]
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Claim Arising from Change In Law Accrued When the Law Changed, Not When Agency...

ASBCA decision denying contractor’s claim as untimely is affirmed. The contractor sought to recover costs incurred as the result of a change in federal...

Contractor’s Qualification of Its Damages Claim with the Words “At Least” Precludes the Amount...

Government’s motion to dismiss contractor’s appeal for lack of jurisdiction is granted in part and denied in part. The contractor asserted a claim for...

Brickyard Blowout: IndyCar Company Cannot Claim Implied-In-Fact Contract Based on Statements by an Agency...

Government’s motion for summary judgment on claim asserting an implied-in-fact contract is granted. A racing company claimed that the government had breached an implied-in-fact...

Federal Circuit Affirms that Lobbyists’ Salaries are Not Recoverable Costs; Raytheon Company v. Secretary...

An ASBCA decision, which held that the salaries of a contractor’s lobbyists are not recoverable costs, is affirmed. The FAR states that costs associated...