Agency Cannot Dismiss Claim While Simultaneously Admitting It Failed to Fulfill a Contractual Obligation; WSSA Birmingham, LLC v. General Services Administration, CBCA No. 6161September 13, 2019
Equitable Adjustment Appropriate Where Agency Assumed Contractor’s Duty to Identify SCA Positions; Sotera Defense Solutions, Inc. v. Department of Agriculture, CBCA 6029, 6030September 11, 2019
Parties’ Course of Dealing Negates Agency’s Interpretation of Contract; Appeal of Fluor Federal Solutions, LLC, ASBCA No. 61093September 9, 2019
Government Not Liable for Failing to Provide a Component It Never Promised to Furnish; Appeal of Optimization Consulting, Inc., ASBCA No. 58752September 6, 2019
Courtesy Copy of Previously Mailed Notice of Termination Extended Time to Appeal Termination; Appeal of Langdon Engineering & Mgt., ASBCA No. 61959September 5, 2019
Christian Doctrine Does Not Bar Claim for Costs Incurred Complying with American Recovery and Reinvestment Act; Kudsk Construction, Inc. v. United States, COFC No. 18-1032CSeptember 5, 2019
Government’s Withdrawal of Claim Results in Dismissal of—Not Summary Judgment on—Contractor’s Appeal; Appeal of Advanced Powder Solutions, Inc., ASBCA No. 61818September 4, 2019
Government Not Required to Reimburse Expenses Contractor Was Not Obliged to Pay; E&I Global Energy Services, Inc. v. United States, COFC No. 19-244CSeptember 4, 2019
Contractor’s Lack of Sophistication Did Not Make Release Provision Unconscionable; Muhammed Tariq Baha v. United States, COFC No. 14-494CSeptember 3, 2019
CBCA May Offer Advisory Opinion on Questions that Are Not Subject to a Contracting Officer’s Final Decision; Advisory Opinion Request, Re: United States v. Savannah River Nuclear Solutions, LLC and Fluor Services, Inc., CBCA 5713August 30, 2019
Contractor Not Entitled to a Fee Under One CLIN for Work Performed Pursuant to Another CLIN; P.K. Management Group, Inc. v. Department of Housing and Urban Development, CBCA 6185August 30, 2019
ASBCA Rejects Agency’s Fraud Allegation Because CO Did Not Report Matter to Official Responsible for Investigating Fraud; Appeals of Sand Point Services, LLC, ASBCA Nos. 61819, 61820August 26, 2019
Reformation of Contract Warranted Where Government Provided Inaccurate Information to Offerors; Appeal of DynCorp International LLC, ASBCA No. 61274August 22, 2019
Agency’s Admonition that Contractor Wait to Submit Claim Did Not Equitably Toll Statute of Limitations; Appeals of Ford Lumber & Building Supply, Inc.; ASBCA Nos. 61617, 61618, 61619August 22, 2019
Specification Requiring Asbestos Tile in Previous Lease Does Not Require Agency to Pay for Asbestos Remediation Under Current Lease; Jarurn Investors, LLC, v. United States, COFC No. 18-1216CAugust 20, 2019
Government Not Responsible for Delay that Pushes Performance into “Unusual Adverse Weather”; Appeals of Nassar Group International, ASBCA Nos. 58451, 59465, 59701August 20, 2019
Appellant’s Decision Not to Appeal Denial of Revised Claim Does Not Moot Appeal of Original Claim; CBCA 5997, SBC Archway Helena LLC v. General Services AdministrationAugust 16, 2019
Agency’s Agreement to Pay Claim Moots Appeal Over Contractor’s Objection; ASBCA No. 60950, Patriot Group International Inc.August 16, 2019
Providing Agency with Sales Samples Does Not Create Implied-in-Fact Contract; ASBCA No. 61608, Appeal of Man & Machine Inc.August 15, 2019
Government Acted in Extreme Bad Faith When It Terminated a Contract Based on a False Accusation of Assault; COFC No. 14-198, Brian Bowles v. United StatesAugust 14, 2019