Courts, Boards, & GAO
Raytheon Loses Remand Fight Over Level 1 Cost Penalties, But Government Waived Right to CAS Penalties
After the Federal Circuit reversed the ASBCA's initial decision in favor of Raytheon, the contractor argued on remand that penalties for submitting unallowable lobbying...
When Two Forums Collide: Why Did COFC Transfer This COVID Delay Claim to the ASBCA?
The contractor argued its COVID-19 delay claim should stay in the Court of Federal Claims rather than be transferred to the Armed Services Board...
“As Is” Means the Buyer Bears the Risk: GSA’s Auction Disclaimer Defeats Vehicle Warranty Claim
An individual purchased a 2009 Ford Escape Hybrid at a GSA auction for $2,522. The auction notice disclosed that the hybrid battery was inoperable...
Wrong Door, Wrong Forum: Contractor’s Extraordinary Relief Claim Gets Dismissed
A contractor sought "extraordinary contractual relief" alleging fraud and business destruction by the Army Corps of Engineers. The Board dismissed the appeal for lack...
No Claim, No Game: Contractor’s Government Delay Claim Needed Dollars and Sense
A contractor challenged a default termination by arguing the government caused excusable delays—but never submitted a proper certified claim requesting a time extension or...
REAs vs. Claims: A Government Contractor’s Guide to Choosing the Best Path
Bradley - Federal contractors frequently encounter circumstances that increase costs, delay performance, or otherwise impact contract obligations. Changes in government requirements, differing site conditions,...
One Claim or Two? Contractor’s Second Bite at the Apple Survives Dismissal
The contractor filed two claims seeking the same increased costs but asserting different legal theories. The agency argued the contractor's failure to appeal the...
ASBCA Finds Army’s Landfill Deadline May Have Breached Contract
A requirements contract gave the Army discretion to set completion deadlines in task orders—but that discretion isn't unlimited. When the Army ordered a contractor...
Contractor Unsuccessfully Attempts to Slip Two New Claims into Its Appeal
The ASBCA dismissed two counts from the contractor's complaint because they raised new claims never presented to the contracting officer—a jurisdictional prerequisite under the...
ASBCA Says Government Is on the Hook for Delayed Military Escorts
A contractor sought delay costs after repeatedly waiting for military security escorts to arrive at a Kuwaiti air base. The contractor argued the government's...
Design vs. Performance Specifications: Navigating what constitutes “justifiable” reliance under the Spearin Doctrine after Sheffield Korte.
Smith Currie Oles - On May 22, 2025, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”), in affirming a decision...
ASBCA Searches But Can’t Find Evidence of Submitted Claim, Dismisses for Lack of Jurisdiction
A contractor appealed an alleged claim seeking over $191,000 for work allegedly removed from the contract scope. The ASBCA dismissed the appeal because the...
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