Allegation of Bad Faith in Negotiations Requires Consideration of Facts Beyond Language of Contract; CBCA 5395, CB&I AREVA MOX Services LLC v. Department of Energy

Motion to dismiss a portion of a claim is granted, where the appellant’s allegation of bad faith in negotiating an increased award fee is separate from its claim to the agency for the payment of the additional fee, and therefore would require the Civilian Board of Contract Appeals to consider a separate set of facts that are distinct from the plain language of the contract.