Task Order Modification Barred Future Contractor Claims but Also Waived Government’s Right to Challenge Costs; ASBCA No. 59630, Appeal of Supply & Service Team GmbH

Appeal seeking payment of funds withheld using administrative offsets to task order payments is sustained, where a contract modification obtained a guarantee from the contractor that no future claims would be submitted under the task order at issue, but also waived the agency’s right to challenge any billings submitted by the contractor under that task order, and therefore the agency improperly withheld funds from future payments to recoup challenged costs; and where the Armed Services Board of Contract Appeals lacks jurisdiction to consider an affirmative defense of fraud, because there had been no third party finding of fraud and the board lacks the authority to make such a finding.