CBCA Can’t Tell Whether Claimed Costs Were Incurred or Even Reimbursable, Denies Cross-Motions for Summary Judgment; International Development Solutions, LLC v. Department of State, CBCA 6400, 6401, 6700November 16, 2021
Protesters Complained They Weren’t Given Choice to Participate in Second Phase of Evaluation, But They Hadn’t Even Qualified for Phase One; DBISP, LLC; Federal Merchants Corp., GAO B-419893.8, B-412893.9November 12, 2021
Law Firm Was Proper Representative of Appellants: Appeal of Lessors of Abchakan Village, Logar Province, Afghanistan, ASBCA No. 61787November 12, 2021
Clarification or Augmentation? Portions of Amended Complaint Merely Refined Existing Claim, But Other Portions Asserted a New Claim; Appeals of ACC Construction, Co. Inc., ASBCA Nos. 62265 62937November 9, 2021
Government Can’t Assert Accord and Satisfaction Defense When It Continued to Negotiate With Contractor After Alleged Accord; Appeal of WECC, Inc., ASBCA No. 60949November 9, 2021
Board Chucks Motion for Reconsideration Like It’s that Chicken Parm You Left in the Fridge Six Weeks Ago; Powertronic Systems Florida, Inc., ASBCA No. 62174November 8, 2021
ASBCA Doesn’t Let Government Squirm Out of Differing Site Condition Claim; Appeal of Blue Rock Structures, Inc., ASBCA No. 62127November 8, 2021
“And You Could Have It All, My Empire of Dirt”: Claimant Misread Contract as Requiring Agency to Provide a Soil Disposal Area; Baldi Bros., Inc. v. United States, COFC No. 16-536November 5, 2021
ASBCA Can’t Assess a Penalty Against the Government for “Inappropriate Action”; Appeals of D-STAR Engineering Corporation, ASBCA No. 62075, 62780November 4, 2021
Government Moves for Reconsideration of ASBCA Decision, But the Board’s Not Feeling It; Appeals of Assist Consultants Inc., ASBCA Nos. 61525, 62090November 4, 2021
Nopa! Contractor Claimed Inability to Deliver Greek Food Truck was Excusable, But ASBCA Repudiated Argument Like It Was Topped with Rancid Feta; Appeal of Kostas Greek Food – Zorbas, ASBCA No. 62213November 3, 2021
Appeal Sought More than $100,000 But Underlying Claim Sought Less, So Failure to Certify Didn’t Deprive CBCA of Jurisdiction; Nues Inc v. Department of Health and Human Services, CBCA 7165November 2, 2021
Contractor Was Experiencing Stressful Business Conditions, But that Didn’t Mean It Agreed to a Modification Under Duress; LCC-MZT Team IV v. United States, COFC No. 16-1406CNovember 2, 2021
ASBCA Can’t Enjoin Government from Terminating Contract; Appeal of Tactical Network Corporation, ASBCA No. 62963November 2, 2021
But You Said We Were Cool: Agency Employee Who Lacked Authority to Bind Government Can’t Approve a Change to the Contract; Appeal of Sauer, Inc., ASBCA No. 61847October 27, 2021
CBCA Can’t Void an Assignment of Contract Payments; Heroes Hire, LLC v. Department of Veterans Affairs, CBCA 7195,7211October 21, 2021
Contractor Tries But Fails to Convince Court that They’re an Agency Employee; David Diaz v. United States, COFC No. 20-1808COctober 19, 2021
Failure to Request a Schedule Extension Tanks Claim for Constructive Acceleration; Appeals of Skanska USA Building, Inc., ASBCA No. 62430October 18, 2021
CBCA Not Persuaded by Contractor’s Threadbare Excuses for Non-Performance; Carmazzi Global Solutions, Inc. v. Social Security Administration, CBCA 6265 et al.October 15, 2021
“Admit that Mistakes Were Made”: Government Not Required to Respond to Vague, Passively-Phrased Requests for Admission; Appeals of J.R. Filanc Construction Company, Inc., ASBCA Nos. 62580 et al.October 14, 2021