Government Asserted Claims Arising From Contractor’s “Staggering Fraud,” But Contractor Bore the Burden of Proof; Appeals of Supreme Foodservice GmbH, ASBCA Nos. 57884, 58666, 59636, 59811, 61361July 6, 2020
ASBCA Declines to Hear Rejected Bidder’s Claim for Proposal Costs; Appeal of Vox Optima LLC, ASBCA No. 62313July 6, 2020
Factual Issues Concerning Contractor’s Inability to Obtain Bonds Thwarts Government’s Summary Judgment Motion; Appeals of Odyssey International, Inc., ASBCA Nos. 62085, 62145, 62193June 26, 2020
Agency Not Required to Identify Board to Which Claimant May Appeal; Mahavir Overseas v. Agency for International Development, CBCA 6704June 23, 2020
Contractor Does Not Act Under Authority of or as Proxy for Government; HEALTHeSTATE, LLC v. United States, COFC No. 18-034CJune 22, 2020
Ambiguous Specification for Foundation Piles Precludes Summary Judgment for Government and Contractor; Appeal of Walsh Group Ventures, ASBCA No. 61222June 15, 2020
Agency’s Mismanagement of Contract Schedule Necessitated Subcontractor Standby, Which Justified Recovery of Home Office Overhead; Appeal of Alderman Building Company, Inc., ASBCA No. 58082June 11, 2020
ASBCA Drops a Knowledge Bomb on the Navy, Succinctly Explains Summary Judgment Standard in Claims Appeal; Appeal of Chugach Federal Solutions, Inc, ASBCA No. 61320June 10, 2020
Agency Entitled to Recognize Assignment of Government Contract to Surety Despite Anti-Assignment Acts; Mayberry Enterprises, LLC. v. Department of Energy, CBCA 5961, 6322June 8, 2020
New Legal Theories Alleged on Appeal, Which Relied on the Same Facts as the Underlying Claim, Did Not Amount to a New Claim; Appeals of Ken Laster Company, ASBCA Nos. 61292, 61828June 8, 2020
Anchored Down in Anchorage: “Innovative Partnership” Agreements Between Government and Municipality Are Valid, Binding Contracts; Anchorage v. United States, COFC No. 14-166CJune 3, 2020
Claim Arising from Change In Law Accrued When the Law Changed, Not When Agency Decided that a Price Adjustment to Address the Change Was Unnecessary; Electric Boat Corporation v. Secretary of the Navy, Fed. Cir. 2019-1621May 29, 2020
Contractor’s Claim Concerning Calculation of Indirect Costs Barred by Accord and Satisfaction Defense; Information Systems & Networks Corporation v United States, COFC Nos. 06-387C & 13-988CMay 29, 2020
Task Order Language Did Not Unambiguously State Security Clearance Requirements; CBCA 6534, HJD Capital Electric Inc. v. General Services AdministrationMay 29, 2020
Board Has No Jurisdiction Over Dispute Involving MOU; CBCA 6768, Delta State University v. Department of JusticeMay 29, 2020
Contractor Can Assert Delay Claims for Work Prior to Contract Completion Date; COFC No. 19-643C, New England Specialty Services Inc. v. United StatesMay 28, 2020
Agency’s Failure to Plan Resulted in 284 Day-Deadline to Decide Claim; CBCA 6783, CTA I, LLC dba CTA Builders v. Department of Veterans AffairsMay 27, 2020
Is That Your Final Answer? Claim Failed to Ask for COFD; CBCA No. 6664, Aron Security Inc. v. Department of the InteriorMay 27, 2020
Outbreak of Infectious Spores Results in Constructive Change to Custodial Contract; Valerie Lewis Janitorial v. Department of Veterans Affairs, CBCA 4026May 26, 2020
Claim for Contract Interpretation Really Just a Claim for Money, Which Board Dismissed for Failure to State a Sum Certain; Appeal of Parsons Government Services, Inc., ASBCA No. 62113May 22, 2020