Monday, January 17, 2022

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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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Appellant Plausibly Asserted CO’s Expectations Impossible to Achieve; CBCA No. 6621, ITS Group Corp....

CBCA denied the government’s motion to dismiss an appeal seeking progress payments under the contract. The agency withheld payment from the contractor after concluding the contractor’s work painting several buildings was unsatisfactory. However, the appellant argued that it completed the work to the best of its ability and that the results the CO sought were […]
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Agency Unable to Prove that Contractor’s Representative Was Not Real Party in Interest; CBCA...

Government’s motion to dismiss appeal is denied. The government argued that a representative appearing on behalf of the contractor was not the real party in interest and thus the board lacked jurisdiction over the appeal. The board noted that under its rules, a corporation’s officer may appear before the CBCA on behalf of the company. […]
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ASBCA Doesn’t Let Government Squirm Out of Differing Site Condition Claim; Appeal of Blue...

Government’s motion for summary judgment on a differing site condition claim is denied. The government alleged that problems the contractor encountered were not due to a differing site condition but rather problems with the contractor’s drawings. The board found that issues of fact precluded summary judgment. The Navy awarded Blue Rock Structure a task order […]
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Second Appeal Does Not Relate Back to a Previous Appeal If the Previous Appeal...

Government’s motion to dismiss appeal for lack of jurisdiction is granted. The contractor appealed a termination for default, asserting a waiver defense. While the waiver appeal was pending, the contractor submitted a claim to the contracting officer asserting a delay defense to the termination. The ASBCA ruled in favor of the government on the waiver […]
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Contractor Cannot Recover Costs Under EAJA For Time That President and Project Manager Spent...

Appeal seeking fees under the Equal Access to Justice Act is denied. Having prevailed on the merits of its appeal, a contractor sought to recover claim preparation costs. The contractor’s costs, however, were for work performed by the company’s president and a project manager; the contractor did not seek to recover costs incurred by an […]
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Appellant Offered No Excuse for Failing to Comply with Specifications in Own Quotation; ASBCA...

Appeal of the agency’s decision to terminate a contract for cause is denied, where the appellant failed to deliver goods that met the contract specifications, and failed to rebut the agency’s conclusions, offer a reason for its noncompliance, or take advantage of the opportunity to correct the issues with its goods. The appellant argued it […]
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Appellant Knew Suitable Materials Were Unavailable from Government’s Source, Because Source was Its Own...

Appeal of the agency’s denial of a portion of a request for equitable adjustment is sustained in part, where the appellant reasonably relied on a government-provided list of material prices as the basis for its cost estimate and where the contract stated the contractor would be compensated if the actual prices exceeded 10 percent of […]
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Out with the DUNS, In with the UEI: GSA Announces Transition Deadline for April...

Crowell & Moring – On July 28, 2021, the GSA shared a blog post on its outreach site, GSA Interact, announcing the final transition deadline of April 4, 2022, from using the 9-digit Data Universal Numbering System (DUNS number) to the new 12-digit alphanumeric Unique Entity ID (UEI) codes in SAM.gov.  On that date, no […]
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Claimant that Ran Out of Material Mid-Performance Unable to Prove that Contract’s Material Specifications...

Appeal alleging that agency’s materials specifications were insufficient is denied. The contract specified that the contractor would need about 5000 sq. ft. of steel plates to replace the structural steel on a Navy vessel. The contractor ran out of steel and thus claimed that the specification was insufficient. The board rejected this argument and found […]
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