VA Tries to Argue Lease Amendment Lacked Consideration, But CBCA Won’t Let Agency Wriggle Out of Commitment; 1425-1429 Snyder Realty, LLC v. Department of Veterans Affairs, CBCA 6433February 25, 2022
Contractor Doesn’t Have a Property Interest in “Being Allowed to Compete Fairly”; Sunrez Corporation v. United States, COFC No. 21-568February 24, 2022
CBCA Rejects Government’s Assertion of Deliberative Process Privilege; Active Construction, Inc. v. Department of Transportation; CBCA 6597February 23, 2022
Contractor Can’t Use Pandemic as Excuse for not Delivering Gloves Needed for Pandemic; ORSA Technologies, LLC v. Department of Veterans Affairs, CBCA No. 7141February 16, 2022
Contractor Couldn’t Prove When It Submitted Incurred Cost Proposals, So It Couldn’t Assert SOL as Defense to Government Claim for Disallowed Costs; Appeal of Strategic Technology Institute, Inc., ASBCA No. 61911February 8, 2022
CBCA Declines to Find that Agency’s Method for Calculating Damages Is Correct as a Matter of Law; RocJoi Medical Imaging, LLC v. Department of Veterans Affairs, CBCA 6885, 7051February 4, 2022
“Baby Come Back, You Can Blame It All on Me, I Was Wrong, and I Just Can’t Live Without You”: GSA Fails to Prove that It Didn’t Abandon a Lease: Meld, LLC v. General Services Administration, CBCA 6357, 6721February 3, 2022
Contractor Rides Into CBCA on “a Horse With No Name,” Unable to Enforce an Illusory Contract; OWL, Inc. v. Department of Veterans Affairs, CBCA 7183February 3, 2022
“Sweet Dreams and Flying Machines In Pieces on the Ground”: CBCA Finds Contractor Misread Contract, Is Not Entitled to Windfall Restocking Fee; Team Systems International, LLC v. Department of Homeland Security, CBCA 7145February 3, 2022
Government Not Liable for Damages Caused By Civil Unrest and Rioting; Ieyada M. Ahrir v. Department of State, CBCA 6644February 2, 2022
Agency Didn’t Issue Final Decision on Liquidated Damages, So Board Lacked Jurisdiction over Parties’ Cross-Claims for Liquidated Damages; Appeal of ECC International Constructors, LLC, ASBCA No. 59586February 2, 2022
CBCA Denies Appeal, Finds Contractor’s Costs Were Result of Sloppy Performance and “Aggressive Behavior Towards Government Employees”; Griz One Firefighting, LLC v. Department of Agriculture, CBCA 6358, 6567February 1, 2022
Assertion of Claim for Interest Damages Against Government Does Not Deprive Board of Jurisdiction Over Appeal; RGD Breton, LLC v. General Services Administration, CBCA 6961January 21, 2022
ASBCA Delineates Boundary Between Incurred and Forecasted Costs; Appeal of Cellular Materials International, Inc., ASBCA No. 61408January 18, 2022
COFC Kicks Case Over to CBCA; BES Design/Build, LLC v. United States, COFC NO. 20-1834CJanuary 18, 2022
Agency’s Ratification of an Unauthorized Commitment Was Based on Mistake of Fact; Appeal of Metal Trades, Inc., ASBCA No. 62966January 18, 2022
Contractor Only Needs to Appeal a Final Decision to Perfect Appeal—Appealing Claims Made Within the Decision Is Unnecessary; Appeals of Kellogg Brown & Root Services, Inc. ASBCA Nos. 62681, 62843, 62844January 14, 2022
Agency Reasonably Terminated When Contractor’s Items Failed First Production Inspection; Master’s Transportation, Inc. v. General Services Administration, CBCA 6565January 12, 2022
Conversion Claim Was Really a Claim for Tortious Breach of Contract Over Which ASBCA Possessed Jurisdiction; Appeal of AECOM Technical Services, Inc., ASBCA No. 62800January 10, 2022
Agency Reasonably Considered a Single Element of Quotation a Weakness Under Two Different Evaluation Factors; Fors Marsh Group, LLC, GAO B-420153January 10, 2022