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ASBCA Decisions (2006-2016)



Click on any case name below to link directly to the decision

 

 Jurisdiction, CDA, Claim Definition and Sufficiency, Timeliness, Statute of Limitations, etc.

Sparton DeLeon Springs, LLC, ASBCA No. 60416 (Dec. 28, 2016) (Contracting Officer's decision demanding reimbursement of direct costs is government claim and time-barred because it was issued more than six years after Government knew or should have known of claim), Government's motion for reconsideration denied

URS Federal Support Services, Inc., ASBCA No. 60364 (Dec. 5, 2016) (dismisses as moot appeal from Contracting Officer's decision that was subsequently withdrawn)

BAE Systems Tactical Vehicle Systems LP, ASBCA Nos. 59491, 60433 (Dec. 5, 2016) (dismisses (as moot) appeal based on decision alleging government claim for defective pricing, which Contracting Officer rescinded)

B3 Solutions LLC, ASBCA No. 60654 ( Dec. 1, 2016) (dismisses direct appeal by second-tier subcontractor for lack of jurisdiction because there was no privity of contract with the Government and no claim sponsored by the prime)

The Adamant Group for Contracting and General Trading, ASBCA No. 60316 (Nov. 29, 2016) (dismisses appeal as time-barred because contractor failed to follow-up with any inquiries on an unpaid invoice until more than nine years  had passed)

KBAJ Enterprises, LLC t/d/b/a Home Again, ASBCA No. 60014 (Nov. 22, 2016) (dismisses appeal because contractor's alleged claim letter was not sent to Contracting Officer and did not request a decision by the Contracting Officer)

Sauer Inc., ASBCA No. 60366 (Nov. 17, 2016) (strikes claim raised for first time in Complaint filed with Board)

ABS Development Corp., ASBCA Nos. 60022, et al.(Nov. 17, 2016) (dismisses appeal because typing name of alleged claim certifier in cursive font does not result in signature that can be authenticated)

RECO Rishad Engineering Construction ORG, ASBCA No. 60444 (Nov. 10, 2016) (dismisses appeal because claim certification included only typed name of official and was not signed), contractor's motion for reconsideration denied

Washington Star Construction Co., ASBCA No. 60644 (Nov. 8, 2016) (dismisses appeal for failure to submit claim to Contracting Officer)

Genuine Construction Co., ASBCA No. 60626 (Nov. 7, 2016) (dismisses appeal for failure to submit claim to Contracting Officer)

Excel Link Construction Co., ASBCA No. 60419 (Nov. 7, 2016) (dismisses appeal appealing designation as "Not Eligible for Installation Access" in vendor vetting program because there was no contract between the firm and the Government and no prior claim to the Contracting Officer)

Creative Times Dayschool, Inc. ASBCA Nos. 58507, 59779 (Oct. 20, 2016) (court lacks jurisdiction over appeal from Contracting Officer's response to submission that had begun as a claim but which the contractor had subsequently converted into an REA)

Military Aircraft Parts, ASBCA No. 60739 (Oct. 12, 2016) (notice of appeal rights in decision by Contracting Officer need not inform contractor that if it chooses appeal to Court of Federal Claims company cannot be represented by non-attorney appearing pro se)

Colonna's Shipyard, Inc., ASBCA Nos. 59987, et al. (Oct. 6, 2016) (Board lacks jurisdiction over contractor's (i) claim that its due process rights were violated by Government's failure to permit contractor to review and respond to negative comments in CPAR before it was published and (ii) contractor's request for injunctive relief or specific performance, but retains jurisdiction over other disputes involving CPARs)

Marine Amazon Construction Co., ASBCA No. 60658 (Oct. 4, 2016) (dismisses appeal involving claim not previously submitted to Contracting Officer for decision)

KBAJ Enterprises, LLC  t/d/b/a Home Again, ASBCA Nos. 59932, et al.  (Sep. 9, 2016) (dismisses appeals because contractor did not submit monetary claims for sum certain to Contracting Officer)

Fahim Noori Construction Co., ASBCA No. 60659 (Sep. 8, 2016) (dismisses appeal because contractor's only submission to Contracting Officer was routine request for payment as an invoice)

Amaratek, ASBCA No. 60503 (Sep. 7, 2016) (dismisses appeal because claim challenging Government's in-sourcing decision is akin to bid protest over which Board lacks jurisdiction)

Exelis, Inc., ASBCA No. 60131 (Aug. 29, 2016) (dismisses Government's CAS 404 claim because building lease is not a tangible asset), Government's motion for reconsideration denied

Suzan Co., ASBCA No. 59817 (Aug. 17, 2016) (dismisses appeal because no evidence certification was provided to Contracting Officer before decision on claim was issued)

Arab Shah Construction Co., ASBCA No. 60553 (Aug. 4, 2016) (dismisses appeal because no evidence claim in any form was filed with Contracting Officer)

Panjshir Kandahur Construction Co., ASBCA No. 60173 (July 14, 2016) (dismisses appeal because no claim (only a routine invoice) was filed previously with Contracting Officer)

GSC Construction, Inc., ASBCA Nos. 59402 , 59601 (July 12, 2016) (Board has jurisdiction to decide whether termination based on alleged violations of contract's labor provisions was justified)

ABB Enterprise Software , Inc., f/k/a Ventyx, ASBCA No. 60314 (June 29, 2016) (Board has jurisdiction over dispute involving license agreement connected with software that Government was acquiring under CDA contract)

Black Tiger Co., ASBCA No. 59819 (June 29, 2016) (after appellant alleged existence of contract and provided some evidence of it, Board refuses to dismiss appeal based on Government's contention that it could find no reference to such a contract in its records)

Government Services Corp., ASBCA No. 60367 (June 20, 2016) (Board had jurisdiction over contractor's claim for "$100,000" because it was stated as a sum certain even though, in response to Contracting Officer's query re how that amount was calculated, contractor stated it was "good faith estimate . . . derived by a simple mathematical formula of estimating the future expense, both administrative and legal, that is expected to be required to counter the apparent bad faith libelous actions of" the Government)

Kellogg Brown & Root Services, Inc., ASBCA Nos. 58518, 59005 (June 16, 2016) (denies contractor's motions for summary judgment alleging that government nonmonetary and monetary claims were filed more than six years after they accrued)

Access Personnel Services, Inc., ASBCA No. (June 15, 2016) (denies Government's motion to dismiss appeal as untimely because contractor showed detrimental reliance on the absence of notice of its appeal rights in the Contracting Officer's decision)

Military Aircraft Parts, ASBCA No. 60139 (June 3, 2016) (no jurisdiction over contractor breach claims that implicitly were challenges to default terminations the contractor had not timely appealed), contractor's motion for reconsideration denied

Mansoor International Development Services, ASBCA Nos. 59466, et al. (May 19, 2016) (dismisses (as untimely) appeals filed more than 12 months after receipt of Contracting Officer's decisions because record shows contractor  failed to show prejudice from defective notice of appeals rights in decisions and received notice of its appeal rights by other means and was aware of them)

Leviathan Corp., ASBCA No. 58659 (May 12, 2016) (contractor's appeal based on written settlement offer made and signed by  DCMA Contracting Officer in form of proposed contract modification, which contractor accepted by signing, was sufficient to establish CDA jurisdiction of Board despite the fact that the original contracting entity (Iraq's CPA) was not one over which the Board has jurisdiction)

Public Warehousing Co., K.S.C., ASBCA No. 59020 (May 2, 2016) (liability for Prompt Payment Act penalties accrues, for each invoice, when the Government pays the invoice without paying any required  Prompt Payment interest; Board denies Government motion for summary judgment based on six-year limitations period because Government did not allege when each invoice was paid)

Military Aircraft Parts, ASBCA No. 60336 (Apr. 25, 2016) (no jurisdiction over appeal alleging termination of contract was a breach because it was not filed within 90 days of termination), contractor's motion for reconsideration denied

Bushra Co., ASBCA No. 59918 (Apr. 22, 2016) (appeal filed more than 90 days of notice of termination is untimely even though notice referred contractor to applicable FAR provisions rather than directly stating its appeal rights because contractor did not allege any prejudice from defect in termination notice) motion for reconsideration denied.

Afghan Active Group (AAG), ASBCA No. 60387 (Apr. 14, 2016) (contractor's emails to Contracting Officer evidencing intent to "appeal" (even absent direct appeal to Board and specific indication that the Board was where the contractor wanted its appeal filed) were sufficient for jurisdiction at Board, especially where the Contracting Officer's decision had not advised the contractor of its option of filing suit at the Court of Federal Claims)

Global Engineering & Construction, LLC, ASBCA Nos. 60072, et al. (Apr., 1, 2016) (no CDA jurisdiction because contractor's letters to Government did not amount to claim, especially where the amount at issue exceeded $100,000, but there was no certification; Government's letter to contractor did not contain indicia of finality that would constitute government claim)

AeroVironment, Inc., ASBCA Nos. 58598, 99 (Mar. 30, 2016) (proposed amendments to Government's answers are actually new claims first raised by Government's trial attorney over which ASBCA lacks jurisdiction because they are beyond scope of Contracting Officer's decision)

HK&S Construction Holding Corp., ASBCA No. 60164 (Mar. 25, 2016) (absent any indication in any of multiple copies of Contracting Officer's decision sent to contractor as to which of of them is supposed to start the appeal clock running, contractor is entitled to use the copy that it received last)

Aetna Government Health Plans, ASBCA No. 60207 (Feb. 10, 2016) (refuses to dismiss proper appeal from deemed denial because Contracting Officer failed to issue decision within 60 days of submission of certified claim and failed to specify non-contingent date by which decision could be expected)

Shavers-Whittle Construction, LLC, ASBCA No. 60025 (Feb. 9, 2016) (no jurisdiction over direct appeal by subcontractor, especially where letter subcontractor claims was its claim was not for a sum certain and was not certified and where subcontractor requested action (to have the prime contract voided) beyond Board's jurisdiction)

Military Aircraft Parts, ASBCA No. 60290 (Feb. 4, 2016) (termination for convenience belatedly  issued  after contractor already had submitted breach claim based on prior, erroneously issued cancellation, did not deprive Board of jurisdiction over appeal involving alleged breach)

Kellogg Brown & Root Services, Inc., ASBCA No. 58583 (Jan. 19, 2016) (denies Government's motion to dismiss claim for lack of jurisdiction (as time-barred) after Sikorsky established that the CDA's six-year limitations period is not jurisdictional)

Shafi Nasimi  Construction and Logistics Co.,  ASBCA No. 59916 (Jan. 6, 2016) (absent allegation of prejudice or detrimental reliance, Contracting Officer's default termination, which notified contractor of right to appeal but not time limits, was valid and started 90-day appeal clock; dismisses untimely appeal for lack of jurisdiction because Government's communications with contractor during appeal period could not reasonably be considered as a reconsideration of Contracting Officer's decision) 

Strobe Data, Inc., ASBCA No. 60123 (Jan. 5, 2016) (dismisses appeal for lack of jurisdiction because claim for a "minimum" of, and "likely more" than, a stated amount was not for a sum certain)

Global Energy U.S.-DLA Acquisitions LLC, ASBCA No. 59996 (Nov. 10, 2015) (dismisses appeal after contractor fails to identify its representative for purposes of Board's proceedings)

Ahjar  Shat Alarab Albidhaa Co., ASBCA No. 59868 (Nov. 4, 2015) (denies Government's motion to dismiss for lack of jurisdiction because Government failed to present credible evidence that it had failed to receive emailed claim sent to address Government had previously provided to contractor)

Air Services, Inc., ASBCA No. 59843 (Oct. 22, 2015) (denies Government's motion to dismiss claim for lack of CDA jurisdiction: revised REA satisfied requirements for a claim in context of totality of parties' communications even though it did not include a request for a Contracting Officer's decision; DFARS  252.243-7002  certification included with REA was deficient but correctable CDA certification)

Matcon Diamond, Inc. ASBCA No. 59637 (Oct. 21, 2015) (denies Government's motion to dismiss for failure to state claim upon which relief can be granted because Government has not shown from pleadings alone that claim was not submitted until after final payment or that Government was not aware of basis of claim prior to that time)

Bahram Malikzada Construction Co., ASBCA Nos. 59613, -14 (Oct. 8, 2015) (dismisses appeal as untimely because email sent by  contractor to Contracting Officer within 90 day period stating it "would start its appeal" did not express an intent to appeal to Board)

DynPort Vaccine Co. LLC, ASBCA No.  60119 (Sep. 30, 2015) (Contracting Officer cannot divest Board of its CDA jurisdiction to entertain appeals from government claims by issuing a letter characterizing his six unilateral contract modifications directing performance of corrective work at no cost to the Government as something other than final decisions)

MicroTechnologies, LLC, ASBCA Nos. 59911, 12 (Sep. 29, 2015) (ASBCA strikes portion of Complaint asking that Government be ordered to revise CPAR because Board does not have jurisdiction to grant specific performance or injunctive relief), subsequently Board struck portion of amended Complaint requesting remand to Contracting Officer with requirement to provide revised, fair CPAR

Bell Helicopter Textron Inc. and The Boeing Co., ASBCA No. 59561 (Sep. 16, 2015) (individual from one company had requisite authority to sign claim certification on behalf of both; appeal filed jointly in names of two companies will be construed as having been brought by their joint venture that was the contracting party)

Environmental Chemical Corp., ASBCA No. 58871 (Sep. 14, 2015) (allows contractor to amend Complaint concerning delay claim by adding count for Eichleay  unabsorbed overhead damages and certain allegations concerning breaches of the implied warranty of good faith and fair dealing because new language arose from same operative facts as delay claim and could reasonably be inferred from it; refuses to recognize amendment adding other allegations of breach of implied duty of good faith and fair dealing because it could not have been a part of original claim)

Freedom Systems, LLC, ASBCA No. 59259 (Sep. 3, 2015) (under Severin doctrine, contractor is barred from pursuing pass-through subcontractor claim from which subcontractor already has released contractor from all liability)

Subsurface Technologies, ASBCA No. 59774 (Sep. 1, 2015) (no jurisdiction over appeal previously pursued at, and rejected on the merits by, Court of Federal Claims)

CDM Constructors, Inc., ASBCA No. 59524 (Aug. 27, 2015) (dismisses (for lack of jurisdiction) counts of Complaint requesting Board to order the Government to terminate contract for convenience or to issue a modification because these are essentially claims for injunctive relief)

Big Iraqi Co., ASBCA No. 59822 (Aug. 20, 2015) (Board lacks jurisdiction over appeal involving MOA pursuant to which firm was required to deliver and set up trailers and related equipment to be used as a temporary school for Iraqi children in the village of Al Awad, Iraq)

Soap Creek Marina, LLC, ASBCA No. (Aug. 18, 2015) (Board lacks jurisdiction over portion of claim for alleged future damages of $985,462 identified in complaint because such damages were reasonably known to the contractor at the time it submitted its initial claim to the Contracting Officer but were not certified)

Smart Construction & Engineering, Co., ASBCA No. 59354 (June 18, 2015) (dismisses (for lack of standing) appeal filed by individual who did not meet requirements of Board rule 15(a)

Equine Architectural Products, Inc., ASBCA No. 59743 (June 4, 2015) (no jurisdiction over claim that was not in a sum certain and was not certified)

White Hand Co., LLC, ASBCA No. 59184 (June 2, 2015) (no jurisdiction over I-CERP contract funded entirely by Iraqi government for benefit of Iraqi people)

Kellogg Brown & Root Services, Inc., ASBCA No. 58175 (May 13, 2015) (based on analysis of when claim accrued, government claim did not run afoul of six-year limit for asserting claim), motion for reconsideration dismissed as untimely

Al Rafideen Co., ASBCA No. 59156 (May 7, 2015) (no jurisdiction over claim lacking signed certification)

Joseph Sottolano, ASBCA No. 59777 (Apr., 22, 2015) (dismisses appeal because one attempted claim letter did not state sum certain and follow-up did not include certification)

Tessada & Assocs., ASBCA No. 59446 (Apr. 21, 2015) (notice of appeal addressed to Contracting Officer and deposited in mailbox within 90 days of receipt of Contracting Officer's decision was timely filed)

Suodor Al-Khair Co - SAKCO for General Trading, ASBCA Nos. 59036, 59037 (Apr. 14, 2015) (Government failed to prove existence of earlier Contracting Officer's decision provided to the contractor than the decision from which contractor timely appealed)

U.S. Coating Specialties & Supplies, LLC, ASBCA No. 58245 (Apr. 9, 2015) (denies Government's motion to dismiss because open questions remain as to whether Contracting Officer induced contractor into agreement that Bankruptcy Court would reject contract on assumption the Government would then terminate only for convenience)

Al Nawars Co. , ASBCA Nos. 59043, 44 (Apr. 8, 2015) (denies Government's motion to dismiss allegedly tardy claims for lack of jurisdiction because, after CAFC's decision in Sikorsky, failure to comply with CDA's six year period for filing claims is no longer proper subject for jurisdictional motion)

Tech Projects, LLC,  ASBCA No. 58789 (Mar. 26, 2015) (allegation that SBA's acceptance of requirement for 8(a) program created implied-in-fact contract was sufficient to establish Board's jurisdiction over appeal)

Laitifi Shagiwall Construction Co., ASBCA No. 58872 (Mar. 24, 2015) (no jurisdiction over dispute involving Commanders' Emergency Response Program (CERP) contract not covered by CDA) 

Combat Support Assocs., ASBCA No. 58945, 58946 (Mar. 16, 2015) (vacates prior decision dismissing government claim for lack of jurisdiction because of Fed. Cir.'s holding in Sikorsky Aircraft that CDA's six-year requirement for asserting claim is not a statute of limitations)

HEB International Logistics, ASBCA No. 59448 (Mar. 12, 2015) (dismisses claims for lack of jurisdiction because language in claim letter was not close enough to required language to be considered certification)

Anwar Alsabah Co., ASBCA No. 59737-957 (Mar. 3, 2015) (no jurisdiction over request to direct Contracting Officer to issue decision because no evidence of a certified claim)

Tokyo Co., ASBCA No. 59709-953 (Feb. 12, 2015) (Board directs Contracting Officer to issue decision, noting that Contracting Officer could not rely on a decision previously issued before the contractor had submitted the required certification for its claim) 

GSC Construction, Inc., ASBCA No. 59401 (Feb. 11, 2015) (dismisses appeal because required certifications were not submitted until after Contracting Officer's decision was issued and, in one case, until after appeal filed)

TTF, LLC, ASBCA Nos. 59511, -13, -15 (Feb. 5, 2015) (contractor receiving multiple copies of final decision on different days is entitled to compute 90-day period of appeal from date of last copy received)

GSC Construction, Inc. ASBCA No. 59046 (Feb. 4, 2015) (denies contractor's motion to amend its complaint to add two new claims because both of them did not arise from the same operative facts as the original claim under appeal and neither was a proper claim that had been the subject of a valid decision by Contracting Officer) 

Axxon International, ASBCA Nos. 59497, 8 (Jan. 21, 2015) (Board has jurisdiction over misdirected appeal sent to agency counsel within 90 day period; second appeal is timely because it was received on Monday following Sunday that was 90 days from date contractor received Contracting Officer's decision)

DynPort Vaccine Co. LLC, ASBCA No. 59298 (Jan. 15, 2015) (unilateral mod directing contractor to perform corrective work at no cost was a government claim from which contractor could appeal; Government required to file complaint)

Agility Logistics Services Company KSC, ASBCA Nos. 57415 et al. (Dec. 9, 2014) (no jurisdiction over appeals involving definitization of task orders under ID/IQ contract issued to appellant by Coalition Provisional Authority of Iraq)

USAC Aerospace Group, Inc. dba USAC Aerospace Group: Aerostructures, ASBCA Nos. 59114 et al. (Dec. 4, 2014) (judges timeliness of appeals based upon whether they were sent by email to Contracting Officer within 90-day period)

Atlas International Trading Corp., ASBCA No. 59091 (Dec. 2, 2014) (bribery of Government's program manager in connection with obtaining contract rendered it void ab initio)

Agility Defense & Government Services, Inc., ASBCA Nos. 58870, 59621 (Nov. 14, 2014) (denies Government's motion to dismiss; convenience termination issued after original termination claim did not moot all elements of claim)

Lael Al Sahab & Co., ASBCA Nos. 58344, 59009(Nov. 13, 2014) (grants motion to dismiss for failure to submit proper CDA claims to Contracting Officer)

Canon Solutions America, Inc., ASBCA No. 59540 (Nov. 5, 2014) (no jurisdiction over dispute under delivery order that involved issues related to underlying GSA schedule contract absent decision by GSA Contracting Officer)

Vertex Construction & Engineering, ASBCA No. 58988 (Nov. 7, 2014) (submission of fraudulent master electrician certification in order to obtain contract rendered it void ab initio)

Combat Support Assocs., ASBCA Nos. 58945, 58946 (Oct. 22, 2014) (denies contractor's motion to dismiss government claims as time barred by CDA statute of limitations, but reserves right to examine issue further once record is more fully developed)

New Iraq Ahd Co., ASBCA Nos. 58763, 59286 (Oct. 22, 2014) (no jurisdiction over (i) one uncertified claim or (ii) another claim submitted more than six years after all events that gave rise to Government's alleged liability occurred)

Favor Co., ASBCA No. 58843 (Oct. 16, 2014) (dismisses appeal because there is no evidence of a prior claim submitted to Contracting Officer), contractor's motion for reconsideration denied

Lulus Ostrich Ranch, ASBCA Nos. 59252, 59450 (Oct. 10, 2014) (Board lacks jurisdiction to grant request for injunctive relief to stay default terminations and collection actions by the Government)

Besal Al-Reeh Company, ASBCA No. 58612 (Sep. 23, 2014) (no jurisdiction over appeal absent prior claim submission to Contracting Officer)

Mansoor International Development Services, ASBCA No. 58423 (Sep. 4, 2014) (termination letter notifying contractor it had "right to appeal under the disputes clause," but not including required language about time limits and possible forums for appeal, did not start appeal clock running)

VLOX, LLC, ASBCA Nos. 59305, et al. (Sep. 3, 2014) (contractor's "initial" requests for payment were, nevertheless, claims because they were labeled as such, were for sums certain, and demanded payments as a right with supporting statements of fact and legal narratives, were certified, and included requests for decisions by the Contracting Officer)

ASFA International Construction Industry and Trade, Inc., ASBCA No. 57880 (Sep. 2, 2014) (government claim for liquidated damages time-barred under CDA; contractor not required to submit claim that Government waived right to assess liquidated damages before raising that allegation as a defense to Government's claim on appeal)

Binghamton Simulator Co., ASBCA No. 59117 (Aug. 21, 2014) (dismisses attempt at direct (unsponsored) appeal by subcontractor from prime contractor's decision)

Kellogg Brown & Root Services, Inc., ASBCA No. 58492 (Aug. 18, 2014) (dismisses claim due CDA's six-year statute of limitations that had originally been withdrawn voluntarily; no equitable tolling)

Macro-Z Technology, ASBCA No. 56711 (Aug. 18, 2014) (on its own motion, Board dismisses pre-award claim only quantified during proceedings at Board)

Bizhan Niazi Logistic Services Company, ASBCA No. (Aug. 13, 2014) (dismisses appeal for lack of jurisdiction because no prior CDA claim submitted to Contracting Officer)

CCIE & Co., ASBCA Nos. 58355, 59008 (Aug. 12, 2014) (contractor converted routine request for payment into CDA claim by repeated queries seeking payment after the Government's continued failure to pay its original invoice)

Commissioning Solutions Global, LLC, ASBCA No. 59254 (Aug. 7, 2014) (dismisses appeal of breach of contract claim for failure to state claim upon which relief can be granted because contract was IQ contract and Government fulfilled its obligations by ordering the minimum required quantity)

Abdul Ahad Khadim Construction Company, ASBCA No. 59206 (Aug. 7, 2014) (dismisses uncertified claim in excess of $100,000), motion for reconsideration dismissed as untimely

Pros Cleaners, ASBCA No. 59067 (Aug. 6, 2014) (dismisses appeal filed 490 days after receipt of Contracting Officer's decision)

Integrity Management Services, Inc., ASBCA Nos. 58214, et al. (Aug. 1, 2014) (dismisses appeals covered by release language in settlement agreement and holds it lacks jurisdiction over enforcement of federal tax liabilities) 

PHA-JMR, JV, ASBCA No. 59032 (Aug. 1, 2014) (dismisses appeals because underlying claim was not for a sum certain, but rather for "at least" a stated amount and because lack of evidence that person submitting and certifying the claim had requisite authority to represent JV)

Lee's Ford Dock, Inc., ASBCA No. 59041 (July 23, 2014) (dismisses appeal with regard to claim of superior knowledge not previously presented to Contracting Officer for decision), request for reconsideration denied

Environmental Safety Consultants, Inc., ASBCA No. 58343 (July 25, 2014) (CDA statute of limitations has run on portion of termination settlement proposal that covers price adjustment claim for alleged increased costs that accrued more than 14 years before claim submitted) Government's motion for reconsideration of two alleged mistakes in statement of facts denied; contractor's motion for reconsideration denied

Certified Construction Co. of Kentucky, ASBCA No. 58782 (July 8, 2014) (dismisses portion of claim that accrued more than six years before it was submitted to the Contracting Officer)

Creek Services, LLC, ASBCA No. 59127 (July 1, 2014) (dismisses, as untimely, appeal filed more than 90 days after contractor received Contracting Officer's decision)

New Iraq Ahd Co., ASBCA No. 58778 (June 12, 2014) (dismisses appeal for lack of jurisdiction because MOA contingent on availability of funds that never became available was not a contract)

Zomord Co., ASBCA No. 59065 (June 10, 2014) (denies government motion to dismiss appeal as untimely because contractor could reasonably have concluded Contracting Officer was reconsidering decision; denies government motion to dismiss claim as time-barred  because it was filed more than two months before six- year CDA statute of limitations would have expired) 

AL Wahej Al Lamea Co., ASBCA No. 59125 (June 9, 2014) (dismisses appeal absent evidence person who filed it is authorized representative meeting requirement of Board Rule 26)

Patriot Pride Jewelry LLC, ASBCA No. 58953 (June 9, 2014) (Board has non-CDA jurisdiction over AAFES contract with Disputes clause that confers on Board authority to decide all disputes arising under or related to agreement; agreement did not require Government to advertise contractor's products)

Superior Maritime Services, Inc., et al., ASBCA Nos. 58580, 58691 (June 9, 2014) (denies Navy's motion to dismiss for lack of jurisdiction; non-FAR based transportation contract still governed by CDA, and Transportation Officer who administered contract met CDA definition of Contracting Officer)

Leidos, Inc., f/k/a Science Applications International Corporation, ASBCA No. 59076 (June 6, 2014) (grants government motion to substitute contract for one incorrectly identified in government claim for alleged mis-allocation of costs in CAS-covered contracts)

Laguna Construction Co., ASBCA No. 58569 (May 29, 2014) (government claim is time-barred by CDA's six year statute of limitations)

POZ Engineering and Environmental Consulting, ASBCA Nos. 58853, 59004 (May 13, 2014) (no jurisdiction over appeal involving termination settlement proposal that was still being negotiated at time of appeal; however, jurisdiction over subsequent appeal of same matter because Contracting Officer had issued "settlement by determination" after former appeal had been filed)

Ensign-Bickford Aerospace & Defense Co., ASBCA No. 58671 (May 5, 2014) (although appeal was premature when originally filed, Board has jurisdiction when Contracting Officer still has not issued decision on underlying claim as of date of Board's decision on jurisdictional motion and more than a reasonable amount of time has passed)

Suh'dutsing Technologies, LLC, ASBCA No. 58760 (Apr. 28, 2014) (denies government motion to dismiss claim; Contracting Officer's letter near end of original 60-day deadline for issuing a decision stating it would be "at least" another 60 days before a decision was issued was not sufficiently definite to comply with 41 U.S.C. n 7103(f)(2)(B), and contractor was authorized to appeal at any time from that point forward)

S&L Enterprise, Inc., ASBCA No. 58792, 58793 (Apr. 24, 2014) (grants contractor's requests to dismiss appeals without prejudice because (i) the parties agreed no impasse had occurred in negotiations over convenience termination settlement proposal before Contracting Officer had issued decision; and (ii) contractor had not certified another claim in excess of $100,000) 

Zara Co., ASBCA No. (Apr. 23, 2014) (emails to Contracting Officer that contractor alleged constituted the claim did not specify a sum certain)

Tokyo Co., ASBCA No. 59059 (Apr. 23, 2014) (no jurisdiction over $920,602 claim with a certification without a physical signature and bearing only the company's stamp and the typed written name of its general manager)

Maersk Line Limited, Inc., ASBCA No. 58779 (Apr. 23, 2014) (Board has CDA jurisdiction over dispute involving GSA claims for overcharges under FAR-based transportation services contract covered by CDA (rather than GSA under dispute resolution procedures of Transportation Act of 1940); contractor's submission to Contracting Officer, based on assertion that the GSA overcharge notices are not consistent or compatible with the provisions of the CDA, FAR or the contract, was a claim within meaning of CDA)

Puget Sound Environmental Corp., ASBCA Nos. 58827, 58828 (Apr. 17, 2014) (no jurisdiction over claim for contract adjustment based on alleged misclassification of DOL wage rates prior to ruling on such classification by DOL; jurisdiction over claim for adjustment based on allegation in original claim amounting to claim of bad faith termination of delivery order)

Esood Al Blad Co., ASBCA No. 58425 (Apr. 4, 2014) (dismisses appeal involving uncertified claim for $500,000)

Singleton Enterprises, ASBCA No. 58325 (Mar. 24, 2014) (dismisses appeal filed more than 90 days after contractor sent email acknowledging receipt of Contracting Officer's decision)

FRASSON LODOVICO, S.r.l., ASBCA No. 58645 (Feb. 10, 2014) (appeal filed within 90 days of receipt of mailed copy of Contracting Officer's decision was timely, even though that was more than 90 days after the date by which the Board had ordered the Contracting Officer to issue his decision)

The R.R. Gregory Corp., ASBCA No. 58517 (Feb. 6, 2014) (claim for remission of liquidated damages filed more than six years after they were withheld is barred by CDA's statute of limitations)

Commissioning Solutions Global, LLC, ASBCA No. 59007-945 (Feb. 5, 2014) (dismisses request for board order directing Contracting Officer to issue a decision because the underlying claim did not include a sum certain) 

Taj Al Rajaa Co., ASBCA No. 58801 (Feb. 5, 2014) (dismisses claim appeal of claim filed more than six years after it accrued), motion for reconsideration dismissed as untimely

Hanley Industries, Inc., ASBCA No. 58198 (Jan. 15, 2014) (for purposes of CDA's statute of limitations, dispute did not arise and claim did not accrue until Government advised contractor of Government's interpretation of disputed provision)

Balad Alshemal Earth Co., ASBCA No. 58590 (Jan. 7, 2014) (dismisses appeal for lack of jurisdiction because contractor disavowed any connection with purported appeal notice)

WorleyParsons International, Inc., ASBCA No. 57930 (Dec. 20, 2013) (Board lacks CDA jurisdiction over government claim against only one member of JV, when JV was the contracting entity)

New Iraq Ahd Co., ASBCA No. 58800 (Dec. 17, 2013) (Board lacks jurisdiction over uncertified claim in excess of $100,000), contractor's motion for reconsideration denied

Linc Government Services, LLC, ASBCA Nos.  58561, et al. (Dec. 5, 2013) (given all the surrounding circumstances, contractor's letters implicitly requested Contracting Officer's decisions concerning interpretation of contract terms and, therefore, were valid CDA claims; contractor complied with CDA requirements by sending letter to Contracting Officer identified in contract; the fact that a new Contracting Officer (with a different address) had been assigned without notice to the contractor did not invalidate the claim submission)

Fluor Corp., ASBCA No. 57852 (Dec. 5, 2013) (for purposes of CDA statute of limitations, Government's CAS noncompliance claim first accrued as of date CAS noncompliance audit was completed for all payments made to contractor prior to that date and, thereafter, was a continuing claim that accrued for each subsequent payment to the contractor as it was made)

Duncan Aviation, Inc., ASBCA No. 58733 (Dec. 3, 2013) (certification submitted subsequent to, but clearly referencing, prior REA converted REA into CDA claim; request for Contracting Officer's decision was implicit in correspondence read as a whole)

Alnawars Co., ASBCA No. 58678 (Nov. 19, 2013) (dismisses untimely appeal (filed 140 days after receipt of COs decision) for lack of jurisdiction)

Public Warehousing Co. K.S.C., ASBCA No. 58078 (Nov. 12, 2013) (Contracting Officer's repeated delays (totaling more than four years) in issuing decision on claim in order to wait for judicial outcomes in separate fraud cases is appealable deemed denial)

Development & Evolution Construction Co., ASBCA No. 58342 (Nov. 7, 2013) (no jurisdiction over appeal demanding convenience termination settlement amount in excess of $100,000 because prior termination settlement proposals submitted to C.O. were not certified)

Metag Insaat Ticaret A.S., ASBCA No. 58616 (Nov. 4, 2013) (under theory of deemed denial, Board has jurisdiction over appeal filed (i) before C.O. issued decision on claim and (ii) less than 60 days after original claim was filed because C.O. still has not issued decision and much more than 60 days have now passed)

CB of Bozeman, Inc., dba Maintenance Patrol, ASBCA No. 58533 (Nov. 1, 2013) (Government's failure to notify contractor of appeal rights in "memorandum" denying claim coupled with subsequent government actions that led contractor to believe Government was reconsidering decision excused contractor's failure to appeal within 90 days; yearly releases executed by contractor are defense to current claims for additional SCA wage increases)

Ft. McCoy Shipping & Services, ASBCA No. 58673 (Oct. 9, 2013) (Board had jurisdiction over appeal commenced by letter submitted directly to Contracting Officer within 90 days of the Contracting Officer's decision because the letter (i) referenced the contracting officer's final decision, (ii) included the contract number, (iii) expressed dissatisfaction with the decision, (iv) made clear the contractor was seeking resolution by higher authority, and (v) stated: "This letter serves as my notice of intent to appeal.")

Mawaraa AlBihar Co., ASBCA No. 58585 (Sep. 27, 2013) (no jurisdiction over uncertified claim in excess of $100,000)

EJB Facilities Services, ASBCA No. 58314 (Sep. 26, 2013) (denies motion to dismiss government claim for fire damages because it is just different theory of recovery for same claim previously decided by Contracting Officer; denies government motion to dismiss contractor's complaint as request for declaratory relief not previously decided by Contracting Officer because it is just an answer to the Government's claim that includes a suggestion as to why the Board should deny the claim)

Alalamiah Technology Group Co. (K.S.C.C.) , ASBCA No. 58582 (Sep. 18, 2013) (no jurisdiction over appeal by disappointed bidder)

Xerox Corp., ASBCA No. 58478 (Sep. 13, 2013) (Dismisses appeal involving Army National Guard delivery order because it requires interpretation of underlying FSS contract, which is a matter for the GSA's Contracting Officer and the CBCA)

Kellogg Brown & Root Services, Inc., ASBCA No. 58578 (Sep. 9, 2013) (denies government motion to dismiss appeal regarding proper interpretation of contract clause even though Government has not taken any action to enforce its interpretation by denying costs involved in dispute)

Protecting the Homeland Innovations, LLC, ASBCA No. 58366 (Aug. 26, 2013) (non-CDA appeal; no jurisdiction over claim of promissory estoppel because it involves claim of contract implied-in-law and WMATA has not waived sovereign immunity with respect to such claims)

International Oil Trading Co., ASBCA Nos. 57491 et al. (Aug. 19, 2013) (Board has jurisdiction over Government's affirmative defense that contracts were obtained by bribery and were void ab initio)

Baghdadi Swords Co., ASBCA No. 58539 (Aug. 19, 2013) (dismisses appeal for failure to certify claim in excess of $100,000)

Lael Al Sahab & Co., ASBCA No. 58346 (Aug. 2013) (dismisses most of claims for failure to certify claim in excess of $100,000)

Dongbuk R&U Engineering Co., ASBCA No. 58300 (Aug. 13, 2013) (dismisses appeal because agreement obtained through fraudulent misrepresentations was void ab initio)

Baghdad Fallujah Co., ASBCA No. 58489 (Aug. 14, 2013) (dismisses appeal for failure to certify claim in excess of $100,000), motion for reconsideration denied

Honeywell International, Inc., ASBCA No. 57779 (Aug. 7, 2013) (portions of delivery order were illegal or invalid terms that the Board lacks jurisdiction to enforce)

Amina Enterprise Group, LTD, ASBCA Nos. 58547, 58548 (July 24, 2013) (gratuitous statements in pro se appellant's notice of appeal from default termination regarding remedies Board does not have power to grant and future claim do not deprive Board of jurisdiction)

Corporate Systems Resources, Inc., ASBCA No. 58398 (July 11, 2013) (no jurisdiction over claim by subcontractor under Washington Metropolitan Transit Authority prime contract)

Hewlett-Packard Co., ASBCA Nos. 57940, 41 (July 9, 2013) (jurisdiction is appropriate because resolution of appeal only requires interpretation of Army delivery orders, not underlying GSA schedule contract or BPA)

Premier Group, ASBCA No. 58263 (June 21, 2013) (denies Government's motion to dismiss an appeal as untimely because of declaration from appellant's attorney that he placed the notice appeal in a U.S. Postal Service mail receptacle on the 90th day from the day the contractor received the Contracting Officer's decision denying its claim)

TTF, L.L.C., ASBCA No. 58494 (June 19. 2013) (grants contractor's motion to withdraw appeal without prejudice, rending Government's motion to dismiss for lack of jurisdiction moot)

Environmental Safety Consultants, Inc., ASBCA No. 58221 (June 6, 2013) (grants motion to dismiss appeal from refusal to grant progress payment request because underlying claim never submitted to Contracting Officer for decision and was not certified)

Henry Stranahan, ASBCA No. 58392 (May 8, 2013) (Board lacks jurisdiction over appeal from decision to debar contractor)

MAC International FZE, ASBCA No. 56355 (Apr. 23, 2013) (Board lacks jurisdiction over claims for PPA interest because contracts were not with Government (see prior decision) and no claim was first submitted to Contracting Officer)

Impact Associates, Inc., ASBCA No. 57617 (Apr. 19, 2013) (no jurisdiction over claim under FSS Task order because dispute involves interpretation of provisions in FSS contract, itself, which must be decided by GSA schedule CO)

MOQA - AQYOL JV, LTD, ASBCA No. 57963 (Apr. 9, 2013) (denies government motion to disqualify individual from representing contractor before Board because it is based on alleged violation of criminal statute, which individual denies, and which Board lacks jurisdiction to determine)

Servicios y Obras Isetan S.L., ASBCA No. 57584 (Apr. 5, 2013) (dismisses appeal because contract obtained through fraud in the inducement is void ab initio

United Healthcare Partners, Inc., ASBCA No. 58123 (Apr. 2, 2013) (dismisses monetary portion of termination for cause appeal because contractor had not submitted that part of claim to Contracting Officer for decision)

Taj Al Safa Co., ASBCA No. 58394 (Apr. 1, 2013) (dismisses appeal for lack of CDA jurisdiction because it is questionable whether contractor's emails constituted a demand for a Contracting Officer's decision on a claim for a sum certain, but, in any event, there was no certification of amount sought in excess of $100,000)

Shubhada Industries, ASBCA No. 58173 (Mar. 21, 2013) (denies Government's motion to dismiss for lack of jurisdiction; party brining appeal is contracting party which has presented evidence it was licensed to do business at the time of contracting)

Lockheed Martin Services, Inc., ASBCA No. 58028 (Feb. 20, 2013) (denies (for lack of jurisdiction) government motion for partial summary judgment seeking return of license costs previously paid to contractor because there was no underlying Contracting Officer decision asserting the claim)

Tele-Consultants, Inc., ASBCA No. 58129 (Feb. 4, 2013) (Claimant need only allege contract existed in order to establish Board's jurisdiction; whether such a contract actually was formed goes to the merits of the appeal)

Tri-County Contractors, Inc., ASBCA No. 58167 (Nov. 13, 2012) (especially in context of earlier communications on same subject, a request for equitable adjustment addressed to Contracting Officer and seeking "written response," accompanied by CDA certification, constituted CDA claim)

EJB Facilities Services, ASBCA No. 57547 (Oct. 12, 2012) (denies motion to dismiss for lack of CDA jurisdiction based on allegation that person who submitted the claim was former government employee who, prior to his retirement, had participated personally and substantially in the solicitation leading to the award of the contract at issue and, therefore, violated 18 U.S.C. 207(a)(1))

Green Dream Group, ASBCA Nos. 57413 et al. (Sep. 13, 2012) (denies Government's motion to dismiss appeals for lack of jurisdiction; contractor changed its name and then changed its address in Baghdad because of an explosion, but was the same entity that had been awarded original contract)

Utility Construction Co., ASBCA No. 57224 (Aug. 17, 2012) (denies Government's motion to dismiss for failure to prosecute based on appellant's delays)

ERKA Construction Co., Ltd., ASBCA No. 57618 (Aug. 16, 2012) (dismisses one count of complaint for lack of CDA jurisdiction because prior letter to Contracting Officer did not request a decision and was not certified)

Daniel S. Sinclair, Callan E. Sinclair and Cayman C. Sinclair, ASBCA Nos. 56768 et al. (July 16, 2012) (no CDA jurisdiction over claims for "a minimum of" stated amount; Government's termination of lease did not extinguish its contractual obligation to make specified improvement, which was main reason for lessor to enter lease in the first place)

Intermark Managed Services, Inc., ASBCA Nos. 57654, 57655 (June 22, 2012) (denies government motions to dismiss--Board has jurisdiction where joint venture became prime contractor under modified contract and joint venture member was authorized by relevant jv documents to file appeal on behalf of joint venture; where contractor submitted affidavit to board that original claim was certified and, prior to appeal, Contracting Officer repeatedly referred to it as certified claim, Contracting Officer's statements on appeal that those references were a matter of form and that she first noticed after appeal that the claim package did not include certification were unavailing)

Parsons Evergreene L.L.C., ASBCA No. 57794 (June 22, 2012) (dismisses appeal for lack of jurisdiction  because government letter notifying contractor that Government intended to assess liquidated damages, absent an actual assessment and absent notice of appeal rights and statement that it was a final decision, was not an appealable final decision)

TMS Envirocon, Inc., ASBCA No. 57286 (June 18, 2012) (dismisses most claims for failure to comply with CDA's six-year statute of limitations; denies claim for REA preparation costs because prepared in anticipation of litigation, not negotiations, and unreasonable in amount compared to cost of claims); subsequently, affirmed on reconsideration.

NOVA Technology Corp., ASBCA No. 57943 (May 30, 2012) (no jurisdiction over dispute involving cooperative agreement that does not meet FAR definition of a contract)

Caddell Construction Co., ASBCA No. (May 21, 2012) (Board has jurisdiction over contractor's claim for a mistake in bid allegedly induced by the contracting agency's' "confusion" in allegedly failing to designate clearly the applicable Davis-Bacon Act wage determination rate for structural ironworkers on a building construction task order)

Waterstone Environmental Hydrology and Engineering, Inc., ASBCA No. 57557 (Apr. 26, 2012) (dismisses appeal not filed at ASBCA within 90 days of receipt of Contracting Officer's decision--contractor originally appealed to the wrong forum)

CACI, International, Inc., ASBCA No. 57559 (2012) (Board has jurisdiction over appeal from government finding of noncompliance with CAS 403 even though there is no finding of monetary impact of alleged noncompliance)

Triad Mechanical, Inc., ASBCA No. 57971 (Apr. 13, 2012) (dismisses appeal for lack of CDA jurisdiction because termination for convenience settlement proposal submitted by contractor was not a claim despite the facts that contractor had labelled it as such and government had requested additional documentation before completing its audit of proposal)

A-1 Horton's Moving Service, Inc., ASBCA No. 57750 (Apr. 6, 2012) (denies government motion to dismiss for lack of jurisdiction; claim for breach of transportation services contract when no services have been provided, as opposed to claim for monies due once services under such agreement have been provided, is governed by CDA rather than section 3726 of Transportation Act); affirmed on reconsideration

Ironhorse Ltd., ASBCA No. 57866 (Apr. 4, 2012) (reminder letter sent three months after submission of original REAs to Contracting Officer converted those REAs into claims filed within CDA's six-year statute of limitations)

SWR, Inc., ASBCA No. 56708 (Mar. 19, 2012) (denies government motion to dismiss for lack of jurisdiction; contractor took sufficient steps under 11 U.S.C. 1123 to preserve its claim in bankruptcy by adequately disclosing the claim in its reorganization plan and disclosure statement)

Basirat Construction Firm, ASBCA Nos. 56808 et al. (Feb. 16, 2012) (dismisses appeal over contractor's objections based on prior, valid settlement agreement)

Muhtesem Co., ASBCA No. 57538 (Feb. 7, 2012) (grants motion to dismiss (for lack of jurisdiction) the following elements of damages claimed to result from Government's late final payment under contract: interest on borrowing; loss of reputation; and loss of anticipatory profits on other business opportunities)

ACR Machine, Inc., ASBCA No.57762 (Feb. 2, 2012) (contractor's email to Contracting Officer requesting an extension of 120 days, from the date of  the reply, to a purchase order is a "request for an adjustment in contract terms" under the definition of a claim in the "Disputes" clause  (FAR 52-233.1) and, thus, is a claim under the CDA)

The Boeing Co., ASBCA No. 57490 (Jan. 6, 2012) (dismisses government claim against contractor because Contracting Officer's decision on claim  not issued within six-year statute of limitations of CDA (41 U.S.C. § 7103(a)(4)(A), formerly 605(a))

Quimba Software, Inc., ASBCA No. 57636 (Dec. 19, 2011) (dismisses untimely appeal; receipt of Contracting Officer's decision by email does not extend 90-day period for filing appeal)

Harry Richardson, ASBCA No. 57582 (Dec. 9, 2011) (no jurisdiction because no claim submitted to Contracting Officer)

Sharp Electronics Corp., ASBCA No. 57583 (Dec. 6, 2011) (no jurisdiction because claim should have been submitted to CO of GSA schedule contract rather than the CO of agency placing delivery order under the schedule contract)

Office Automation & Training Consultants, ASBCA No.56838 (Nov. 21, 2011) (no jurisdiction over theory of recovery first presented to Board as part of motion for reconsideration and never presented to Contracting Officer)

Broadway Consolidated Companies, Inc., ASBCA No. 56905 (Nov. 14, 2011) (company in Chapter 7 bankruptcy lacks standing to pursue appeal, which is dismissed for lack of jurisdiction)

Special Operative Group, LLC, ASBCA No. 57678 (Oct. 19, 2011) (dismisses progress payment request in excess of $100,000 for lack of CDA jurisdiction because it did not include CDA certification and progress payment certification it did include is not adequate substitute)

Charles Mullens, ASBCA Nos.  56927, 57432 (Oct. 13, 2011) (in non-CDA concession contract, no jurisdiction over an appeal from no-fault termination  absentan underlying claim)

Zafer Taahut Insaat ve Ticaret A.S., ASBCA No. 56770 (Sep. 14, 2011) (denies government motion to dismiss and holds contractor's submission met the requirements for a claim (certified, request for CO's decision, sum certain) under the CDA)

Tiger Enterprises, Inc., ASBCA No. 57447 (Aug. 5, 2011) (contractor failed to submit claim to Contracting Officer requesting decision in sum certain on disputed invoices)

Ball Aerospace & Technologies Corp., ASBCA No. 57558 (July 20, 2011) (claim containing following language adequately claimed a sum certain within meaning of CDA: "[t]his claim is for the sum certain amount of$72,730.29 relating to fiscal year CFY') 2003 costs that the government has failed to reimburse, plus future costs to be incurred using the FY 2003 indirect rates at issue and interest under the CDA")

Connectec Co., ASBCA No. 57546 (July 12, 2011) (dismisses appeal from modification (stating that purchase order had lapsed) because the contractor did not first to file claim with Contracting Officer)

lCME Group, Inc., ASBCA No. 57446 (June 23, 2011) (Board lacks jurisdiction over appeal from termination for convenience because such an action, standing alone, is not a government claim)

Maria Lochbrunner, ASBCA Nos. 57235, 57236 (June 13, 2011) (dismisses appeals filed more than 90 days after receipt of contracting officer's decision as untimely)

HomeStar Services Inc., ASBCA No. 57194 (May 13, 2011) (dismisses appeal from default termination for lack of jurisdiction because dissolved corporation lacked the capacity to accept the purchase order that was the subject of the appeal)

Green Dream Group, ASBCA No. 57413 (Apr. 4, 2011) (Board refuses to dismiss appeal: authorized individual signed certification, which was correctable even though defective)

Basirat Construction Firm, ASBCA No. 56809 (Mar. 8, 2011) (dismisses claim not first presented to the Contracting Officer for decision)

AmerescoSolutions, Inc., ASBCA Nos.  56824, 56867 (Mar. 4, 2011) (delivery order issued by DESC pursuant to a DOE contract was a separate DoD contract over which the ASBCA had CDA jurisdiction on appeal)

Precision Standard, Inc., ASBCA No. 55865 (Jan. 20, 2011) (dismisses claim for lack of CDA jurisdiction because it does not contain sum certain)

C.E.M.E.S. S.p.A., ASBCA Nos. 56253, 57355 (Dec. 29, 2010) (dismisses one appeal for lack of a CDA certification and denies another because the Contracting Officer did not change the sequence of work and, although the contractor was worried about the presence of unexploded ordnance in the construction site and took extra precautions based on its fears, it did not encounter any and, therefore, could not recover for a Differing Site Condition)

Shaw Environmental, Inc., ASBCA No. 57237 (Dec. 16, 2010) (strikes allegations from complaint that were not part of original claim to Contracting Officer)

Thorington Electrical and Construction Co., ASBCA No. 56997 (Dec. 13, 2010) (in firm, fixed-price construction contract, absent EPA clause, contractor not entitled to recover its increased costs for asphalt caused by unusually large spike in gasoline prices)

Parsons Global Services, Inc., ASBCA No. 56731 (Dec. 3, 2010) (dismisses appeal for lack of CDA jurisdiction because contractor omitted all required steps for claiming subcontract indirect costs and, therefore, Government was never in a position to 'dispute' any of these costs)

Tefirom Insaat Enerji Sanayi ve Ticaret A.S.,  ASBCA No. 56667 (Nov. 29, 2010) (dismisses appeal for lack of CDA jurisdiction because there was no certification of a claim in excess of $100,000)

Kelly-Ryan, Inc., ASBCA No. 57168 (Nov. 29, 2010) (denies Government's motion to dismiss as premature (or, alternatively to stay proceedings concerning) an appeal from a deemed denial of a $ 36 million claim of more than 3,500 pages after the Contracting Officer informed the contractor that a decision would require a year from the time the claim was originally submitted)   

Cardinal Maintenance Service, Inc., ASBCA No. 56885 (Nov. 24, 2010) (dismisses portion of claims time barred by CDA's six-year statute of limitations)

Western Plains Disposal, ASBCA No. 56986 (Nov. 24, 2010) (refuses to dismiss appeal for lack of jurisdiction because submission of Certification of Current Cost of Pricing Data instead of CDA certification was a correctable error)

MAC International FZE, ASBCA No. 56366 (Oct. 29, 2010) (Board lacks jurisdiction over claim for payment pursuant to orders under ID/IQ contract between contractor and Coalition Provisional Authority ("CPA"), funded with Iraqi funds, for delivery of vehicles because CPA is not U.S. government agency)

Utility Construction Co., ASBCA No. 57224 (Oct. 27, 2010) (claim that stated amount claimed satisfied CDA requirement for a sum certain, even though the Government complained it could not ascertain how the delay portion of the claim was calculated)

A. Montano Electrical Contractor, ASBCA No. 56951 (Oct. 27, 2010) (Board lacks CDA jurisdiction over direct claim by subcontractor for monies allegedly owed by prime where sub's claim is not sponsored by prime or surety)

Systems Development Corp., ASBCA No 56682 (Oct. 15, 2010) (dismisses claim that accrued more than six years before it was submitted to Contracting Officer)

Inchcape Shipping Services, ASBCA No. 57152, et al. (Oct. 14, 2010) (whether case involves maritime contracts, and, therefore, admiralty jurisdiction)

Sygnetics, Inc., ASBCA No. 56806 (Oct. 12, 2010) (dismisses appeal for lack of CDA jurisdiction because the original certification was not signed)

JRS Management, ASBCA No. 57238 (Oct. 4, 2010) (laches bars claim)

Northrop Grumman Systems Corp, Space Systems Division, ASBCA No. 54774 (July 23, 2010) (alternative legal theory first raised in post-hearing briefs but based on same operative facts as theory in original claim is not a new claim; Board lacks jurisdiction over improper exercise of option claim because it is not encompassed by claim submitted to Contracting Officer; portion of appeal involving allegations not stated in sum certain is severable from remainder of claim and, therefore, does not require dismissal of that claim)

J. P. Donovan Construction, Inc., ASBCA No. 55335 (July 16, 2010) (dismisses entire claim as lacking a sum certain after contractor stated it would be adding an approximate amount of G&A expenses onto its subcontractor's sum certain claim)

Colonna's Shipyard, Inc., ASBCA No. 56940 (June 24, 2010) (Board lacks jurisdiction to grant request for specific performance or injunctive relief, i.e., board cannot order Government to change contractor's performance rating; board can determine whether performance rating breached a contract requirement or provision)

Versar, Inc., ASBCA No. 56857 (May 6, 2010) (definition of CDA claim; no jurisdiction over contractor's request that Board order the Government rescind "red" performance rating)

Inchcape Shipping Services, ASBCA Nos. 57152 - 57160 (May 6, 2010) (denies government motion to remove set of nine appeals from the Rule 12.3 accelerated docket because the choice to use accelerated procedures under the CDA is the contractor's)

Lasmer Industries, Inc. ASBCA Nos. 56946, 56966 (Apr. 26, 2010) (refuses to dismiss appeal based on deemed denial of claim for issuance of "no cost" termination based upon allegedly impossible specifications)

Starwin Industries, Inc., ASBCA No. 56720 et al. (Apr. 22, 2010) (lack of jurisdiction over quantum portion of claim appealing default termination, which had not been submitted to Contracting Officer for decision)

Hanley Industries, Inc., ASBCA No. 56976 (Apr. 22, 2010) (letter from Contracting Officer revoking acceptance of items under the Inspection clause and reserving the Government's right to quantify the amount it associated with this action at a later date was not a CDA claim and could not be appealed)

Guy W. Parker d/b/a Parker International, ASBCA No. 56928 (Apr. 5, 2010) (no jurisdiction over claim not submitted to Contracting Officer for decision; res judicata bars claim previously litigated at the Board)

Bernard Cap Co., ASBCA Nos. 56679, et al. (Feb. 19, 2010) (dismisses most claims as time barred by CDA statute of limitations)

Todd Pacific Shipyards Corp., ASBCA Nos. 55126, 56910 (Feb. 1, 2010) (lack of jurisdiction over revised claim not submitted to Contracting Officer for decision; CDA statute of limitations; when claim for breach of "Allowable Cost and Payment Clause  accrues)

Wimberly, Allison, Tong & Goo, ASBCA No. 56432 (Jan. 28, 2010) (Board lacks jurisdiction over government claim that Contracting Officer rescinded after appeal to Board was filed because the claim was contingent, rather than in a sum certain)

Rahil Exports, ASBCA No. 56832 (Jan. 11, 2010) (dismissed for lack of jurisdiction because subcontractor had no privity of contract with Government either through an alleged agency relationship with prime or through a quantum meruit recovery via an implied-in-fact contract)

Smoke Blotter, Inc., ASBCA No. 56933 (Jan. 7, 2010) (no jurisdiction over protest of task order award)

Unconventional Concepts, Inc., ASBCA Nos. 56065, et al. (Dec. 28, 2009) (lack of Contracting Officer's decision on government claims)

McDonnell Douglas Services, Inc., ASBCA No. 56568 (Dec. 2, 2009) (Government's defective pricing claims against subcontractor time-barred by CDA's six year statute of  limitations)

Parsons-UXB Joint Venture, ASBCA No. 56481 (Nov. 5, 2009) (denies government motion to dismiss for lack of jurisdiction; CDA statute of limitations; contingent claim amount)

HGI Skydyne, ASBCA Nos. 56108, 56664 (Nov. 3, 2009) (dismisses claim for lack of jurisdiction because it is based on the same operative facts as claim that contractor failed to appeal in timely manner)

Wimberly, Allison, Tong & Goo, Inc. ASBCA No. 56432 (Oct. 29, 2009) (dismisses appeal for lack of jurisdiction after Contracting Officer rescinded his decision on government claim against contractor)

KBJ Architects, Inc., ASBCA No. 56434 (Oct. 26, 2009) (dismisses appeal for lack of jurisdiction after Contracting Officer rescinded his decision )

DynCorp International LLC, ASBCA No. 56078 (Oct. 20, 2009) (knowledge of mistake; accrual of claim; continuing claim doctrine; separate claim for each option year)

DTS Aviation Services, inc. ASBCA No. 56352 (Oct. 14, 2009) (denies cross motions for summary judgment on issues whether claim is time barred by CDA statute of limitations, by doctrine of accord and satisfaction, or by the notice provision of the "Price Adjustment" clause)

HMRTECH2, LLC., ASBCA 56829 (Oct. 9, 2009) (finds CDA jurisdiction over claim that Government's interpretation of contract clause would improperly deprive contractor of future task orders under contract)

Montage, Inc., ASBCA No. 56796 (Oct. 7, 2009) (sufficiency of notice of appeal and complaint)

Public Warehousing Co., K.S.C., ASBCA No. 56888 (Sep. 25, 2009) (Contracting Officer's statement that she would issue a decision on a stated date certain was not "illusory" even though she also stated that one of the reasons she could not issue a decision sooner was the pendancy of an ongoing government fraud investigation; Contracting Officer's statement that a claim would be decided in five months was not unreasonable given the size and complexity of the claim)

Guy W. Parker d/b/a Parker International, ASBCA No. 56742 (Sep. 21, 2009) (dismisses appeal on one claim as untimely and dismisses appeal on another dispute because no CDA "claim" was ever filed with the Contracting Officer)

Vibration and Sound Solutions Limited, ASBCA No. 56240 (Sep. 15, 2009) (procedure; motion to strike portions of complaint as not being part of claim originally submitted to Contracting Officer)

Steven Allen Fiamengo, MD, ASBCA No. 56668 (Aug. 13, 2009) (dismisses for lack of CDA jurisdiction a non-certified claim in excess of $100,000 that was never submitted to Contracting Officer)

Madison Lawrence Inc., ASBCA No. 56551 (Aug. 13, 2009) (CDA jurisdiction; requisites for a valid claim; deemed denial)

FitNet International Corp., ASBCA No. 56605 (July 23, 2009) (denies Government's motion to dismiss; Contracting Officer's decision on contractor's claims effectively was a reconsideration of earlier default termination decision)

Free & Ben, Inc., ASBCA No. 56129 (Apr. 14, 2009) (termination for default; denies cross motions for summary judgment; Government's duty to cooperate with contractor in its performance; appeal of Contracting Officer's failure to issue decision on claim)

Ironhorse, Ltd., ASBCA No. 56455-920 (Mar. 5, 2009) (requirements for a CDA claim; order directing contracting officer to issue decision on claims; lack of certification on one claim; failure of contractor to sign emails supplementing certain claims)

Sundt Construction, Inc. ASBCA No. 56293 (Feb. 23, 2009) (Board has jurisdiction to enforce term of settlement agreement requiring that Government give contractor a specified performance rating in return for dropping claims)

KiSKA Construction Corp.-USA and Kajima Eng'g and Construction, Inc., a JV, ASBCA Nos. 54613, 54614 (Feb. 19, 2009) (non-CDA claim; non-CDA "Disputes" clause; release of retainage; changes claims)

Robinson Quality Constructors, ASBCA No. 55784 (2008) (CDA's six-year statute of limitations bars claim)

ACC Construction Co., ASBCA No. 56451 (2008) (no board jurisdiction over portion of prayer for relief in Complaint that seeks return of liquidated damages when original claim was only for contract interpretation)

Atherton Construction, Inc., ASBCA No.  56040 (2008) (accrual of claim; statute of limitations; presentation of claim to Contracting Officer; requirements for notice of claim in presentation to Contracting Officer; equitable adjustment under Government Property clause)

RC Fluid Engineering, Inc., ASBCA No. 56228 (2008) (dismisses appeal against bad faith failure to exercise an option for lack of jurisdiction because it was actually a bid protest against award of a sole source contract to appellant's competitor)

KAMP Systems, Inc. ASBCA No. 54253 (2008) (Board lacks CDA jurisdiction over claims in contractor's revised complaint that had not been submitted to the Contracting Officer for a decision)

Corners and Edges, Inc. ASBCA Nos. 55767, 56277 (2008) (CDA; ASBCA jurisdiction versus CBCA jurisdiction; government mishandling of mailed claim)

Qatar International Trading Co., ASBCA No. 55518 (2008) (responsibility for payment for unauthorized calls made on phones delivered to Government; tort issues raised as a government defense; jurisdiction over tort claims)

Dick Pacific, GHEMM, JV, ASBCA No. 55829 (2008) (grants Government's motion to dismiss for lack of jurisdiction to the extent of striking the portions of the contractor's complaint concerning the release of liquidated damages and other payment withholdings and that seek damages and costs based upon alleged breach of duty, contract breach, cardinal or other contract change, and constructive termination for convenience principles)

SET Dis Ticaret ve Sanayi Limited Sirketi, ASBCA No. 56428 (2008) (dismisses untimely appeal filed more than a year after the Contracting Officer's decision for lack of CDA jurisdiction)

Robertson & Penn, Inc., ASBCA No. 55622 (2008) (date of accrual of claim for purposes of six-year statute of limitations; elements of claims of government misrepresentation and mutual mistake of fact; failure of government to designate contractor as its agent)

Lasmer Industries, Inc., ASBCA No. 56411 (2008) (requirements for appealable Contracting Officer's decision)

CANVS Corp., ASBCA No. 56347 (2008) (definition of "contractor" for purposes of CDA; patent infringement)

Fuel Tank Maintenance Co., LLC, ASBCA Nos. 54402, 54516 (2008) (Type 2 differing site condition; claim for concrete demolition; definition of claim; request for contracting officer decision)

Teknocraft, Inc., ASBCA No. 55438 (2008)(jurisdiction; failure to certify)

Total Procurement Service, Inc. ASBCA Nos. 54163, 55821 (2008) (CDA jurisdiction; failure to state a sum certain in claim; failure to prove damages from breach)

Qatar International Trading Co., ASBCA No. 55533 (2008) (lack of CDA jurisdiction over claim for Government's loss of bulldozer after it towed the dozer from an accident site)

Eagle Alliance, ASBCA No. 56315 (2008) (ASBCA has jurisdiction over NSA contract appeals)

Mr. Michael Ronchetti and RFIDcomplete, LLC. ASBCA No. 56201 (2008) (lack of CDA jurisdiction over subcontractor's unsponsored appeal)

Southwest Marine, Inc., ASBCA No. 54550 (2008) (maritime dispute; credit due Government as a result of forgiveness by creditors of certain contractor debts; necessity for Contracting Officer's decision on government claim)

Northrop Grumman Ship Systems, Inc., ASBCA No. 55616 (2008) (CDA Jurisdiction; deemed denial of claim)

SUFI Network Services, Inc., ASBCA No. 55948 (2008) (non-appropriated funds instrumentality contract, timeliness of claim, notice of claim, laches, final payment)

Doyon Properties-American, JV, ASBCA No. 55842 (2007) (prime's failure to certify sponsored subcontractor claim)

Lockheed Martin Corp., ASBCA No. 55786 (2007) (CDA jurisdiction; no claim to the Contracting Officer)

Alutiiq, LLC, ASBCA No. 55672 (2007) (CDA jurisdiction: deemed denial)

KAMP Systems, ASBCA No. 55317 (2007) (CDA jurisdiction: 90 day time limit for appeal)

Local Communications Network, Inc., ASBCA No. 55154 (2007) (CDA jurisdiction: unquantified claims; incorporation of clauses by operation of law)

Rex Systems, Inc. ASBCA No. 54436 (2007) (lack of sum certain in claim) 

Cubic Defense Applications, Inc., ASBCA No. 56097 (2007) (failure of KO to issue decision within reasonable time)

Diamond Roofing Co., ASBCA No. 55847 (2007) (subcontractor claim; lack of jurisdiction)

DLT Solutions, Inc., ASBCA No. (2007) (timeliness of appeal to Board)

Maersk Line, Ltd., ASBCA No. 55391 (2007) (CDA jurisdiction)

Eimskipafeleg Island, ehf, ASBCA No. 55209 (2007) (CDA jurisdiction)

Business Managements Research Assocs., ASBCA Nos. 55309, 55862 (2007) (CDA jurisdiction; certification)

Bruce E. Zoeller, ASBCA No. 55654 (2007) (CDA claim; definition of claim)

ESA Environmental Specialists, Inc., ASBCA No. 55620 (2007) (Tardy appeal from Contracting Officer's decision)

Factek, LLC, ASBCA No. 55345 (2007) (CDA jurisdiction)

HAM Investments, LLC, ASBCA No. 55070 (2007) (CDA jurisdiction)

Business Managements Research Assocs., ASBCA No. 55309  (2007) (CDA jurisdiction; promissory estoppel)

Environmental Safety Consultants, Inc., ASBCA No. 54615 (2007) (CDA--Timeliness of claim)

Lockheed Martine Aircraft Center, ASBCA No. 55164 (2007) (CDA Jurisdiction--Sum Certain) 

Dick Pacific//GHEMM JV, ASBCA Nos. 55562, 55563 (2007) (CDA Jurisdiction--Timeliness)

KAMP Systems Inc., ASBCA No. 55317 (2006) (CDA Jurisdiction--Timeliness)

Todd Pacific Shipyards Corp., ASBCA No. 55126 (2006) (sufficiency of claim statement)

HAM Investments, LLC, ASBCA No. 55070 (2006) (jurisdiction--Privity of Contract)

Sullivan Marina & Campground, L.L.C., ASBCA No. 55355 (2006) (claim statement)

Emerson Constr. Co., ASBCA No. 55165 (2006) (CDA Six-Year Statute of Limitations)

GAP Instrument Corp., ASBCA No. 55041 (2006) (scope of claim; request for sum certain; lost profits)

 

 

Contract Interpretation; Mistake; Changes; Breach; Contracting Officer's Authority; Defective Specs; Differing Site Condition; Miscellaneous Price Adjustment Clauses

Astro Systems, Inc., ASBCA Nos. 60769, -81 (Dec. 20, 2016) (contract did not required Government to pay lessor profit on cost of repairs resulting from damage caused by government personnel)

Ricoh USA, Inc., ASBCA No. 59408 (Dec. 5, 2016) (denies contractor's claim based on Government's use of fewer leased copiers than contractor expected because contract was a requirements contract that clearly contemplated the forecast number of units might be reduced without any penalty, and Government did not include extraneous language submitted in unsolicited parts of contractor's proposal in executed contract)

Smart Way Transportation Services, ASBCA No. 60315 (Nov. 21, 2016) (Government satisfied all obligations by permitting the contractor to invoice for the minimum guaranteed order quantity during base period under ID/IQ contract), contractor's motion for reconsideration denied

Tetra Tech Facilities Construction, LLC, ASBCA Nos. 58568, 58845 (Nov. 15, 2016) (contractor established that unsuitable subsurface soil constituted Differing Site Condition)

ABC Data Entry Systems, Inc., ASBCA No. 59865 (Nov. 10, 2016) (no liability for negligent estimate of work on indefinite-quantity contract)

Creative Times Dayschool, Inc. ASBCA Nos. 58507, 59779 (Oct. 20, 2016) (contractor failed to prove: (i) Government required paving work beyond original contract requirements; (ii) roofing specification was defective; (iii) Government unreasonably delayed roofing work;  or (iv) Government changed requirements regarding fall prevention system or management team; contractor entitled to remission of liquidated damages for period of time it took parties to agree on solution to problem arising during construction)

Contrack International, Inc., ASBCA No. 59917 (Oct. 19, 2016) (contractor not entitled to summary judgment for delay damages for third party's (Afghan National Army's) delay in moving vehicles off worksite)

Ensign-Bickford Aerospace & Defense Co., ASBCA No. 57929 (Oct. 20, 2016) (Government failed to prove its rejection of production lots was proper; characteristics of First Article do not change or add to contract requirements for production lots)

HCS, Inc., ASBCA No. 60533 (Sep. 20, 2016) (Government failed to present evidence in support of its post-contract, unilateral 50% price reduction for allegedly deleted work as a result of an earlier unilateral change order)

Ft. McCoy Shipping & Services, ASBCA No. 58673 (Sep. 20, 2016) (denies claims for various categories of costs because the contract required the contractor to be responsible for them, the contract contained no basis for their recovery, they constituted ordinary business expenses, or the contractor incurred them as a volunteer after the contract had ended)

Great America Construction Co., ASBCA No. 60437, 60501 (Aug. 2, 2016) (dismisses appeal because contractor signed mod releasing all claims in return for settlement payment)

King Aerospace, Inc., ASBCA No. 57057 (July 26, 2016) (in aircraft maintenance contract, condition of government-furnished aircraft was inferior to that represented in contract and government-furnished property listed in the contract was not delivered in serviceable condition in a timely manner)

CACI International, Inc. & CACI Technologies, Inc., ASBCA No. 60171 (July 18, 2016) (contract interpretation; 35% hazardous pay rate applies to all hours worked by contractor's employees, and did not exclude overtime work)

BAE Systems San Francisco Ship Repair, ASBCA Nos. 58818, 59642 (June 13, 2016) (contractor's advances to subcontractor to perform extra work and its agreement to pursue additional costs on behalf of sub sufficient to avoid application of Severin doctrine; although contractor's initial claim submission was based on estimates, its accounting system was adequate to demonstrate actual costs incurred for extra work; Contracting Officer on notice that contractor would require overtime to perform changed work and did not object, therefore bound by that interpretation; rejects Contracting Officer's "benefit of the bargain" approach for determining amount of equitable adjustment, in favor of contractor's actual costs)  

Mach I AREP Carlyle Center, LLC, ASBCA No. 59821 (June 1, 2016) (Government was not liable for unexercised option years on lease that was terminated early because of lack of funding due to government shutdown over budget dispute, where contractor was paid for the remainder of the option year that was terminated early, which was all the lease required)

Military Aircraft Parts, ASBCA No. 60009 (May 31, 2016) (contractor entitled to contract price as damages for Government's improper rejection of First Article that would have been acceptable but for damage caused by Government's inspection)

Military Aircraft Parts, ASBCA No. 60336 (Apr. 25, 2016) (cancellation of purchase order is not a government claim; subsequent contractor claims challenging cancellations are denied because contractor did not deliver first article items on time)

ERKA Construction Co. Ltd., ASBCA Nos., 57618, 58515  (Mar. 9, 2016) (even absent proof that contractor's owners or upper management knew of fuel theft, contractor is responsible for actions of its employees who stole fuel, especially when it is likely that project managers were aware of situation)

Lee's Ford Dock, ASBCA No. 59041 (Mar. 17, 2016) (contractor did not not entitled elements required for reformation based on mistake or misrepresentation; contractor's argument that Government breached agreement relies on unreasonable interpretation of clear provision in agreement)

SupplyCore, Inc., ASBCA No. 58676 (Feb. 17, 2016) (Government did not breach duty of good faith and fair dealing by delaying its notice to the contractor that an option would not be exercised because the contract did not require any earlier notice from the Government)

Andy Phillips, ASBCA No. 59045 (Jan. 19, 2016) (denies various breach claims (i) for lack of proof; (ii) because contract made contractor responsible for costs of alleged issue; (iii) because isolated issue did not rise to level of breach; (iv) because allegation of damages phrased as "[e]stimate loss of sales at 30%" did not meet CDA requirement to state claim as a sum certain; and (v) because allegations that Government failed to appoint a COR and invalidly extended contract were not CDA claims since they did not include demand for money or any other relief)

The Life Eye Co., ASBCA No. 48422 (Jan. 19, 2016) (denies claim primarily because contractor submitted inadequate, inconsistent documentation, including some forgeries, to support it)

Vistas Construction of Illinois, Inc., ASBCA Nos. 58479, et al. (Jan. 12, 2016) (post-Katrina construction contract to enlarge levee; contractor not entitled to retroactive use of value-added base for calculating G&A when contractor's normal approach for all other situations was total cost input; contractor failed to present sufficient, relevant, non-contradictory evidence to support its calculation of profit it was owed for changed work; government not obligated to pay PPA interest on disputed amounts in excess of original contract price; other claims not adequately supported with evidence, e.g., claims for costs of responding to DCAA audit report)

Relyant, LLC, ASBCA No. 58172 (Jan. 12, 2016) (contract interpretation that contract allowed parties to agree on lower prices for individual delivery orders than those stated in the price schedules of the overarching contract is the only reasonable reading of the contract documents as a whole and is consistent with the parties' actions  before the dispute arose)

Edinburgh International, ASBCA No. 58864 (Jan. 11, 2016) (contract interpretation; fixed-price task order which did not cover billeting services did not impose obligation on Government to pay for unexpected costs of billeting security personnel)

Dick Pacific Construction Co., Ltd., ASBCA Nos. 57675, et al. (Dec. 15, 2015) (entitlement decision on various and sundry construction contract claims, including propriety of sums withheld by Contracting Officer)

Diversified Construction of Oklahoma, ASBCA No. 59527 (Dec. 9, 2015) (unsuccessful claim for reformation of contract price; contractor's reduction of its original bid priced during negotiations was not result of government misrepresentation concerning amount of mowing that would be required because government negotiator's position based on government's IGE; contractor not reasonable to rely on Government's representation over his own evaluation of the cost of the job, the advice of three experienced people, and a site visit, all showing a higher cost would be involved) 

Lockheed Martin Services, Inc., ASBCA Nos. 58028, 58794 (Dec. 8, 2015) (contract interpretation; contract for performance of retired/annuitant pay system during which contractor voluntarily developed and implemented new system to replace outdated government system; contract did not prohibit contractor's recovery for license fee and other costs of Government's continued use of new system after Government decided to bring work back in house), Government's motion for reconsideration denied

Chloeta Fire, LLC, ASBCA No. 59211 (Nov. 9, 2015) (sustains contractor's appeal that it was entitled to full contract price for completing required burn on federal property because Government failed to provide evidence or testimony from individual who could have rebutted contractor's contention that he had authority to, and did, accept contractor's work)

Lean Construction and Engineering Co., ASBCA No. 58995 (Nov. 6, 2015) (denies all but $105 of claims related to differing site condition because contractor failed to provide required notice of claim and failed to produce credible evidence of differing site condition)

Korte-Fusco Joint Venture, ASBCA No. 59767 (Nov. 5, 2015) (denies Government's motion for summary judgment because language of contract modification did not clearly release claim at issue)

Weatherford Group, Inc., ASBCA Nos. 59315, et al. (Oct. 21, 2015) (Government's interpretation of three contract clauses gives reasonable meaning to all clauses without creating any conflicts between them; contractor failed to present evidence required to establish prior course of dealing)

Honeywell International, Inc., ASBCA No. 57779 (Sep. 24, 2015) (contractor entitled to quantum valebant recovery for value of conforming solar arrays delivered to Government under invalidated provisions of delivery order)

Automotive Management Services FZE, ASBCA No. 58352 (Sep. 21, 2015) (contract interpretation; contractor entitled to reimbursement of costs of transporting vehicle parts in Afghanistan; title of contract section could not vary the plain meaning of its text)

Balfour S&P Two, A Joint Venture, ASBCA No. 58067 (Sep. 1, 2015) (contractor bears responsibility for costs of repairing defects in drilled concrete foundation piers because its construction methods failed to comply with contract specifications in several ways)

Afghanistan Trade Transportation Co., Ltd., ASBCA No. 59782 (Aug. 18, 2015) (contractor's fraud (bribery) on different contracts predating current contract did not breach its obligation of good faith and fair dealing toward Government under current contract)

Kellogg Brown & Root Services, Inc., ASBCA Nos. 59357, -8 (Aug. 13, 2015) (contract interpretation; under FAR 52.250-1 (Indemnification Under Public Law 85-804) contractor is entitled to indemnification from the Government for third-party claims and related litigation costs, even those attributable to the contractor's alleged misconduct)

Certified Construction Co. of Kentucky, LLC, ASBCA No. 58782 (Aug. 12, 2015) (contract interpretation; denies contractor's claim because Government's interpretation of subparagraph 5.1 of the General Construction specifications, which excluded all "measurement" and "payment" paragraphs of  certain incorporated specifications is only reasonable interpretation of contract)

The Public Warehousing Co., ASBCA No. 56022 (Aug. 5, 2015) (contract interpretation; bilateral mod established cap on transportation fees)

VLOX, LLC,  ASBCA Nos. 59305, et al. (July 23, 2015) (contract interpretation; contract unambiguously requires that if a contractor's truck waits more than three days to be loaded and unloaded, the contractor is owed a demurrage payment for any additional days, regardless of whether those first three days were spent waiting for loading, waiting for unloading, or a combination of the two)

Circle, LLC, ASBCA No. 58575 (July 1, 2015) (denies contractor's claims because Government's engineers lacked express or implied authority to issue directives to modify contract)

Tri-County Contractors, Inc., ASBCA No. 58167 (June 16, 2015) (bidder's disclosure of proposed debarment to Contracting Officer was sufficient to overcome Government's subsequent defense of fraud in the inducement; release did not bar claim where Government had reason to know of contractor's mistake in failing to exclude claim from release; denies contractor's claim because any ambiguity in contract was patent, and contractor failed to inquire prior to bidding)

Snowden, Inc., ASBCA No. 59705 (May 20, 2015) (under "Government Property" clause (FAR 52.245-1), contractor owes Government proceeds from its sale of "contractor inventory" to third party because Government had not abandoned property)

Adria Operating Corporation, d/b/a/ Ramada Inn) d/b/a/ Adria Hotel & Conference Center, ASBCA No. 59493 (May 15, 2015) (ADR decision: agreement on which contractor bases its claim was neither executed nor ratified by government employee with requisite contracting authority)

MARCON Engineering, Inc., ASBCA No. 57471 (May 1, 2015) (original specification requirement was defective and was effectively relaxed by incorporation of approach in contractor's technical proposal into contract, so Government's attempt to impose original requirement was constructive change)

Optimum Services, Inc., ASBCA No. 58755 (Mar. 25, 2015) (dredging subcontractor entitled to recover under theory of Type I differing site condition  after  encountering much harder than anticipated subsurface material)

AMEC Environment & Infrastructure, Inc., ASBCA No. 58948 (Mar. 16, 2015) (under "Permits and Responsibilities" clause, contractor not entitled to additional costs of obtaining permit)

Martin Edwards & Assocs., ASBCA No. 57718 (Mar. 10, 2015) (release of claims language in bilateral modification not induced by fraudulent or a material misrepresentation by the other party upon which the recipient is justified in relying)

Government Contracting Resources, Inc. ASBCA No. 59162 (Mar. 12, 2015) (under FAR 52.222-43, contractor entitled to increased costs for severance payments required by CBA upon contract expiration)

SUFI Network Services, ASBCA No. 55306 (Feb. 2, 2015) (after remand from decisions by the CoFC and CAFC, Board increases amount awarded contractor on $131 million claim from approximately $7.5 million to $111 million), Government's request for reconsideration denied except for points of clarification; contractor's unopposed motion to increase award pursuant to Count XVI granted

C.R. Pittman Construction Co., ASBCA Nos. 57387, -88, 57688 (Feb. 4, 2015) (denies Type I differing site condition claim because contractor abandoned work before it ever exposed ("encountered") the allegedly differing condition)

Tele-Consultants, Inc., ASBCA No. 58129 (Feb. 3, 2015) (subcontractor failed to establish implied-in-fact contract with Government  because Government never indicated intention to contract directly with sub)

Watts Constructors, LLC, ASBCA No. 59602 (Jan. 26, 2015) (construction contractor that had chosen to account for job site overhead expenses as indirect costs pursuant to FAR  31.105(d)(3) could not switch and treat them as direct costs for the duration of a government-caused delay)

TTF, L.L.C., ASBCA No. 58452 (Dec. 22, 2014) (no evidence that contract specifications were impossible to perform)

New Iraq Ahd Co., ASBCA No. 59304 (Dec. 22, 2014) ("Release of Claims" form signed by contractor following default termination operated as an accord and satisfaction, barring further claims)

Mountain Chief Management Services, Inc., ASBCA No. (Dec. 3,2014) (Government's statements did not compel contractor to expend effort in excess of total specified by contract)

James G. Davis Construction Corp., ASBCA Nos. 58000, 58002 (Nov. 19, 2014) (contract interpretation; denies contractor's claims for allegedly extra insulation because, in one instance, the contract unambiguously required such insulation and, in another, the contractor's current interpretation is at odds with the one it employed during contract performance, which was consistent with the Government's interpretation)

Amaratek, ASBCA Nos. 59149, 59395 (Nov. 10, 2014) (after Government exercised option for 12 monthly units of service and then terminated contract part way through first month, contractor is entitled to payment for first full month's service because that was one "unit" of service)

Optex Systems, Inc., ASBCA No. 58220 (Nov. 6, 2014) (by its own terms, bilateral modification was neither a release nor an accord and satisfaction of the contractor's claims involved in this appeal)

New Iraq Ahd Co., ASBCA No. 58768 (Oct. 17, 2014) (no jurisdiction over claim raised for first time on appeal; bilateral modification operated as accord and satisfaction and allegation that Contracting Officer threatened convenience termination to induce contractor to sign it does not rise to level of duress)

Tug Hill Construction, Inc., ASBCA No. 57825 (Oct. 16, 2014) (implied covenant of good faith and fair dealing did not require Government to help the contractor perform work it was expressly assigned to accomplish by the contract; contractor's claim of Government's superior knowledge fails because contractor had the opportunity to gain that knowledge on its own before bidding the job) 

Gerald R. Rouillard, d/b/a International Gear Technologies, ASBCA No. 58459 (Oct.8, 2014) (upholds default termination; alleged illness of contractor's President's father does not excuse default; contractor failed to establish four of five required showings for mistake in bid defense)

Laguna Construction Co., ASBCA No. 58324 (Sep. 23, 2014) (contractor's receipt of kickbacks from subcontractors constituted criminal fraud and material breach which extinguished Government's obligation to make further contract payments)

Al Bahar Co. , ASBCA No. 58416 (Aug. 4, 2014) (no credible evidence contractor performed, or Government accepted, work in dispute)

PBS&J Constructors, Inc., ASBCA Nos. 57814, 57964 (July 25, 2014) (denies Type I Differing Site Conditions claim in part because contractor did not provide evidence of its precontract reliance on the indications of the site condition in the solicitation or that the conditions at the site were different, at that time, from those indicated in the solicitation; denies changes claim because contract unambiguously required deep footings under balconies and exterior walkways and Government was within its rights to require strict compliance with these specifications, so denying contractor's requests to deviate was not a breach of duty to cooperate with contractor)

Classic Site Solutions, Inc., ASBCA Nos. 58375, 58572 (July 2014) (Government not bound by summary level, preaward project schedule in bidder's proposal when clear solicitation requirements established a different time for the event in dispute)

Iron Bow Technologies, LLC, ASBCA No. 59181 (July 9, 2014) (monetary amount of Contracting Officer's warrant was sufficient to give him authority to execute contract and options at issue in appeal)

Classic Site Solutions, Inc., ASBCA Nos. 58376, 58573 (June 26, 2014) (Government's was only reasonable interpretation of MIX DESIGN paragraph in construction contract specs)

Kellogg Brown & Root Services, Inc., ASBCA Nos. 56358, et al. (June 17, 2014) (dismisses one government claim as untimely under CDA's statute of limitations; finds for contractor on other government claims because contractor's costs of hiring private security companies to provide protection not adequately afforded by Government in Iraq were reasonable and allowable)

American General Trading & Contracting, WLL, ASBCA No. 56758 (Apr. 23, 2014) (no evidence government had agreed in implied-in-fact cost reimbursable contracts for the provision of laundry services)

Thefaf Al-Rafidain Contracting Co., ASBCA No. 59014 (Apr. 4, 2014) (denies claim because Government satisfied minimum order requirements of IDIQ contract)

CCI, Inc., ASBCA No. 57316 (Mar. 14, 2014) (denies Type I differing site condition claim because any absolute reliance on the limited and qualified indications concerning site conditions in the contract would have been unreasonable, the contractor did not prove it relied on those indications, and, even if it did so, its interpretation of those indications was not reasonable)

CI2, Inc., ASBCA No. 56257, 56337 (Mar. 5, 2014) (Government's failure to award required quantities and to provide award terms in accordance with contract requirements breached the contract), Government's motion for reconsideration denied, with clarifications

Safety Training Systems, Inc., ASBCA Nos. 57095, 57166 (Jan. 23, 2014) (contract placed risk of increased shipping costs on contractor; declines to apply Christian doctrine to insert FAR 52.245-2 (Government Property) in contract for commercial items; finds implied warranty that government-supplied equipment would be fit for its intended use; contractor's evidence of duration of delays caused by breach of that warranty was "spotty")

DayDanyon Corp., ASBCA Nos. 57611, 57681, 57717 (Jan. 22, 2014) (where FAR 52.216-18 "Ordering" clause defined the period for ordering supplies as the "DATE OF CONTRACT AWARD . . . THROUGH: TWO (2) YEARS," and FAR 52.216-22(d) "Indefinite Quantity" clause provided: "the Contractor shall not be required to make any deliveries under this contract after Two Years," the clauses, having different purposes, were not in conflict, and, if they were, it was a patent ambiguity about which the contractor should have inquired prior to bidding)

All Star Technical Services, Inc., ASBCA Nos. 58668, 58772 (Jan. 7, 2014) (contract clause covering responsibility for damage to specific item in dispute controls over clause covering responsibilities for damage in general)

PAW & Assocs., LLC, ASBCA No. 68634 (Nov. 22, 2013) (Government did not breach ID/IQ contract by failing to award specific task order to contractor under option period because it had already met its obligation to order minimum quantity; Board retains jurisdiction over contractor's claims that Government (i) breached an implied-in-fact contract duty to provide the contractor a fair opportunity to be considered for issuance of a task order, in violation of FAR § 16.505(b)(1), and (ii) breached the underlying ID/IQ contract by failing to protect the proprietary information in the contractor's task order proposal)

Tiger Enterprises, Inc., ASBCA Nos. 57974, 58313 (Oct. 8, 2013) (Government properly continued to make lease payments to bank/assignee under bridge contract rather than making payments directly to contractor)

BYA International, LLC, ASBCA Nos. 58031, 58341 (Sep. 23, 2013) (contractor did not follow contract requirements for obtaining approval to use different method than specified for constructing exterior walls)

Mylene Will Co., L.L.C., ASBCA No. 58154 (Sep. 18, 2013) (denies Type I Differing Site Condition claim because contractor did not prove it was damaged by differing conditions)

B.A.E. Systems Technology Services , ASBCA No. 57581 (Sep. 18, 2013) (uses principles of contract interpretation to conclude that, although the contract was not a "model of clarity," it established that repair of generator damaged during fire was covered by cost reimbursable depot maintenance/repair CLIN rather than fixed-price organizational and intermediate maintenance/repair CLIN)

Optimum Services, Inc., ASBCA No. 57575 (Sep. 10, 2013) (contractor failed to prove elements for Type I Differing Site Condition and was the one primarily responsible for project delays involving submittal reviews)

Dragados USA, Inc., ASBCA No. (Aug. 29, 2013) (uses rules of contract interpretation to arrive at the plain meaning of a specification paragraph at issue between the parties)

EJB Facilities Services, ASBCA No. 57547 (Aug. 28, 2013) (pricing of deductive change should be based on  contractor's estimated costs to perform the deleted work (which relied on actual historical costs of performance) rather than contractor's original proposal) 

Bluebird Communications, Inc., ASBCA No. 58379 (July 16, 2013) (grants Government's motion for summary judgment and denies contractor claim for allegedly unamortized capital improvement costs based on a theory of mutual mistake) 

Atlantic Dry Dock Corp., ASBCA No. 54936 (June 20, 2013) (denies claim for alleged extra painting for unexpected vertical square footage area on a ship because there was no proof the Government had superior knowledge as to that actual square footage and no clear proof of a trade practice to include a contingency of 20% for such painting in a bid)

Jaynes Corporation, ASBCA No. 58385 (May 7, 2013) (Government's improper interpretation of ASTM A135 pipe specification led to improper rejection of Schedule 40 pipe submitted by contractor)

Strand Hunt Construction, Inc., ASBCA No. 55905 (Apr. 11, 2013) (contract completion date was date originally proposed by contractor and accepted by Government, despite the fact, in modifications, that both parties erroneously continued to refer to the completion date in the solicitation until the dispute arose; contractor is entitled to remission of liquidated damages to the extent (i) unreasonable portion of stop work order and (ii) Contracting Officer's failure (a) to act within reasonable period of time to resolve punchlist items and (b) to concede beneficial occupancy occurred at same time as substantial completion)

Glasgow Investigative Solutions, Inc., ASBCA No. 58111 (Apr. 9, 2013) (grants Government's motion for summary judgment that options were properly exercised; rejects contractor's contention that FAR 52.217-8 (Option to Extend Services) can only be used to extend the contract term after all other options have been fully exercised and is intended only for situations at the end of a contract where the Government needs extra time to transition to a new contractor)

Raytheon Missile Systems Co., ASBCA No. 57594 (Mar. 18, 2013) (imputes DESC jet fuel price increase to contracting party, NAVAIR; in failing to reimburse contractor for increases in price of jet fuel, NAVAIR breached implied duty not to hinder or interfere with performance by subjecting contractor to price increases for purposes outside the set of risks it assumed in its fixed-price contract), affirmed on recon

Jaynes Corp., ASBCA No. 58288 (Feb. 15, 2013) (rules of contract interpretation; contractor entitled to equitable adjustment because Government's interpretation of contract rendered portions of it "inoperative, meaningless, and useless")

Colorado River Materials, Inc., d/b/a NAC Construction, ASBCA No. 57751 (Feb. 2013) (settlement agreement that applied to "all claims and all potential claims" related to contract acted as accord and satisfaction; no evidence in record to support contention that Government led contractor to believe claim was excepted from agreement and still being considered by Government)

ThinkQ, Inc., ASBCA No. 57732 (Jan. 24, 2013) (Government's is only reasonable interpretation of "Placing Orders" clause)

ECC, International, ASBCA No. 55781 (Dec. 28, 2012) (denies claims for various constructive changes (defective government-furnished property, interference with performance, and acceleration) allegedly causing delays on construction contract)

BAE Systems San Francisco Ship Repair, ASBCA No. 57934 (Nov. 26, 2012) (Government did not breach duty to cooperate with contractor by taking too long to approve request made by contractor because the contractor did not inform the Government of the urgency of the request)

R.L. McDonnell Construction, ASBCA No. 56262 (Oct. 22, 2012) (denies construction contractor's claim for extra costs because SOW was not ambiguous; there was no Differing Site Condition; the drawings were not defective; and the Government did not fail to cooperate)

APAC Southeast, Inc., n/k/a Oldcastle Southern Group ASBCA No. 58057 (Sep. 27, 2012) (grants Government's motion for summary judgment because FAR allows FAR 52.217-8 Government to extend contract briefly beyond its term, including options, pursuant to FAR 52.217-9)

NDG Constructors, ASBCA No. 57328 (Aug. 21, 2012) (contractor failed to prove it encountered Type I Differing Site Conditions in the form of different soil profile, soil with different characteristics, or increased soil moisture conditions)

Teresa A. McVicker, P.C., ASBCA Nos. 57487, 57643 (Aug. 16, 2012) (Government's purported partial convenience termination merely ratified Government's prior breach of covenant of good faith and fair dealing in inducing contractor to enter into contract and hire specific employees without disclosing that the Government intended to bring those employees (and the associated work) in house)      

Lear Siegler Services, Inc., ASBCA No. 57264 (Aug. 1, 2012) (sustains appeal; unilateral modification to task order under Air Force ID/IQ contract for aircraft and depot maintenance at National Guard aviation facilities was a compensable change because it increased the agreed maintenance workload beyond that required by performance work statement)

Daniel S. Sinclair, Callan E. Sinclair and Cayman C. Sinclair, ASBCA Nos. 56768 et al. (July 16, 2012) (no CDA jurisdiction over claims for "a minimum of" stated amount; Government's termination of lease did not extinguish its contractual obligation to make specified improvements, which was main reason for lessor to enter lease in the first place)

MCC Construction Corp., ASBCA No. 57400 (July 16, 2012) (phrase "subsequent contracting opportunities" in section 713(b) of Small Business Competitiveness Demonstration Program Act of 1988 means solicitation for a contract rather than request for task order proposal)

GaN Corp., ASBCA No. 57834 (July 13, 2012) (under "Payments" clause, contractor was entitled to be paid at the pre-established hourly rates for the number of hours actually worked by employees, even if salaried employees are not paid extra for working extra hours)

Eastern New Mexico University -- Roswell, ASBCA No. 57110 (June 22, 2012) (contract interpretation--contract was not enforceable ID/IQ or requirements contract; therefore, contractor's claim for shortfall in expected students is dismissed; other claims (for extra work) involve material issues of fact that preclude summary judgment)

International Oil Trading Co., ASBCA Nos. 57491, 57492 (June 22, 2012) (contract interpretation--Government's inspection method did not substantially comply with unambiguous requirement of "Quantity Determination" clause of fuel delivery contract, and no extrinsic evidence can be admitted to vary that method; contractor was not required to submit weighbridge ticket with each delivery), decision clarified on Government's motion for reconsideration

Strand Hunt Construction, Inc., ASBCA No. 55904 (June 21, 2012) (high temperatures encountered by contractor in building were contemplated by the specifications and, therefore, were neither a constructive change nor a Type I Differing Site Condition; interpretation never advanced by contractor before appeal and not until very last opportunity during appeal is not entitled to any weight)

Paradigm II, LLC, d/b/a JB Carpet & Upholstery Care, ASBCA No. 55849 (June 8, 2012) (failure of proof on unabsorbed overhead claim), contractor's subsequent motion for reconsideration denied

Cubic Transportation Systems, Inc., ASBCA No. 57770 (June 1, 2012) ("Pricing of Adjustments" and "No Waiver of Sovereign Immunity" clauses in contract with metropolitan transportation authority preclude recovery of interest on late payments) 

UniTech Services Group, Inc., ASBCA No. 56482 (May 22, 2012) (denies claim for decommissioning and other costs, sometimes referred to as unamortized and stranded costs, arising from the closing of contractor's nuclear laundry facility in Hawaii; no evidence of implied-in-fact contract; express contract covering same subject area precludes alleged implied-in-fact contract; no recovery under express contract under theories of failure to disclose superior knowledge, breach of covenant of good faith and fair dealing, or equitable estoppel), subsequent motion for reconsideration denied

Hartman Walsh Painting Co., ASBCA No. 57832 (Apr. 24, 2012) (denies claim because contractor failed to prove first element of misrepresentation claim, i.e., that Government made an erroneous representation of material fact)

Top Painting Co., ASBCA No. 57333 (Apr. 18, 2012) (denies contractor's claim for Differing Site Condition because it failed to conduct pre-award site visit, conditions were visible (thus neither subsurface nor latent) and contract required contractor to deal with conditions of this type)

Valley Apparel, LLC, ASBCA No. 57606 (Apr. 10, 2012) (denies appeal because statement regarding "anticipated" requirements in solicitation for indefinite quantity contract for supply of various sizes of parkas did not guarantee Government would order stated percentages of each size) 

Weigel Hochdrucktechnik GmbH & Co. KG, ASBCA No. 57207 (Mar. 15, 2012) (contract performed in Spain; Government failed to prove that water testing it required contractor to perform was required by contract or by Spanish law; denies claim for waterproofing containers because Government merely acquiesced in contractor's first (and ultimately unsuccessful) suggested method for doing so, without waiving contract requirement)

M.E.S., Inc. ASBCA Nos.  56149. et al (Feb. 22, 2012) (various construction contract claims for changes and compensable delays; sovereign acts; concurrent delays; extended field and home office overhead; standards of proof)

Hartman Walsh Painting Co., ASBCA No. 57742 (Feb. 17, 2012) (denies contractor's claim for extra work on painting contract; Government's approval of submittal did not preclude Government from later enforcing compliance with spec)

Southern Defense Systems, Inc., ASBCA Nos. 54045, 54528 (Feb. 16, 2012) (contractor failed to prove delivery order should have been required to utilize same pass-through mark-up as basic contract--failure to prove patent or latent ambiguity or violation of FAR or mistake) 

Distributed Solutions, Inc., ASBCA No. 57266 (Dec. 28, 2011) (grants partial summary judgment to Government because its interpretation of disputed language of modification is the only reasonable one, and not in conflict with any other provisions); subsequently vacated to allow further discovery.

DG21, LLC, ASBCA No. 56386 (Nov. 28, 2011) (denies claim based on misrepresentation or superior knowledge because contractor did not establish it relied on the lack of information in the solicitation or that it did not have independent knowledge of that information)

TEKKON Engineering Co., ASBCA No. 56831 (Nov. 1, 2011) (decision on government motion for partial summary judgment as to various categories of claimed excess costs by the contractor associated with (i) denial of entry at border and (ii) embargo from Jordan under contract to supply water treatment chemicals and cylinders of chlorine gas to various locations in Iraq)

Trace Systems, Inc., ASBCA No. 57574 (Oct. 20, 2011) (contract contained latent ambiguity concerning whether R&R travel expenses were reimbursable, and contractor's interpretation that they were reimbursable was reasonable)

D. J. Miller & Assocs., ASBCA No. 55357 (Oct. 13, 2011) (denies contractor's breach claim that Government had improperly diverted work to other entities under requirements contract)

COSTAR III, LLC, ASBCA No. 56479 (Aug. 17, 2011) (contractor not entitled to reimbursement for health and welfare benefit cost increases in (i) base year of contract (because it modified its CBA to effectuate such increases after the beginning of the base year) or (ii) in the option years (because option year mods constituted accord and satisfaction))

General Construction Services, Inc., ASBCA No. 57187 (Aug. 4, 2011) (grants motion for summary judgment because appellant failed to establish it had contract with the Government or that individual who allegedly committed the Government had the authority to do so)

BECO Construction Co., ASBCA No. 57483 (Aug. 4, 2011) (contractor entitled to compensation for work in a larger area than was indicated in the contract specifications and drawings)

Ali Fawzi Gomme, Co-Owner, d/b/a Areebel Engineering & Logistics, ASBCA No. 56787 (July 19, 2011) (dismisses claim clearly covered by settlement agreement)

WestWind Technologies, Inc., ASBCA No. 57436 (July 2011) (under FAR 52.216-8 ("Fixed Fee") Government may withhold stated reserve amount on each, individual task order, rather than just once on contract as a whole)

General Dynamics Ordnance and Tactical Systems, Inc., ASBCA Nos. 56870, 56957 (May 26, 2011) (denies Government's motion for summary judgment because record not yet sufficiently developed to determine whether appeal involves a requirements contract or a BOA)

Golden Wings, Inc., ASBCA No. 57136 (Mar. 17, 2011) (Government not liable for contractor's vehicle storage costs incurred after the Government returned leased vehicles to contractor at end of lease)

PCT Services, Inc., ASBCA No. 54932 (Mar. 1, 2011) (contract clearly required the contested work, and plaintiff had included it in its proposal)

Genome-Communications, ASBCA Nos. 57267, 57285 (Feb. 25, 2011) (grants contractor's motion for summary judgment that Government failed to pay for contractually compliant training materials provided by contractor and improperly terminated the contract for cause because its cure notice had imposed requirements above and beyond the contract requirements)

Revenge Advanced Composites, ASBCA No. 57111(Feb. 23, 2011) (grants government motion for summary judgment denying contractor's claim for extra work under the Changes clause because the contract's performance specification required the contractor to provide the navigation system at issue in the appeal)

AECOM Government Services, Inc., ASBCA No. 56861 (Jan. 19, 2011) (contractor not entitled to recover F.I.C.A. taxes imposed on offshore subsidiaries first imposed by HEART Act six months after fixed-price contract award on contractor's theory reformation based on mutual mistake)

Office Automation & Training Consultants, Inc., ASBCA Nos. 56779, 56838 (Jan. 19, 2011) (denies contractor's claim for reformation based on theory of unilateral mistake); see also Board's opinion on contractor's motion for reconsideration.

J. A. McAmis, Inc., ASBCA Nos. 54455, 54456, 54457 (Nov. 18, 2010) (contractor entitled to recover increased haul costs and delay costs after haul routes to site became unavailable due to local ordinance passed after award; contractor is not entitled to recover costs of rejection of rock that complied with the specifications because it did not establish the Government had rejected the rock)

AECOM Government Services, Inc., ASBCA No. 56861 (Oct. 13, 2010) (contractor not entitled to recover F.I.C.A. taxes on offshore subsidiaries first imposed by HEART Act six months after fixed-price contract award on contractor's theory of breach of the implied warranty of good faith and fair dealing)

Tekkon Engineering Co., ASBCA No 56831 (Sep. 28, 2010) (interpretation; absence of elements required to establish prior course of dealing; no entitlement to adjustments under EPA clause because no established prices on which to base adjustments; contractor's subjective, unexpressed reading of the contract, which was never communicated to the Contracting Officer, cannot form basis for interpretation; because Government was not required to place no orders during option period number 1 (and did not do so), contractor cannot recover costs associated with that period)

Thorington Electrical and Construction Co., ASBCA No. 56895 (Sep. 22, 2010) (unambiguous release bars contractor's claim)

Shawview Cleaners, LLC, ASBCA No. 56938 (Sep. 15, 2010) (contractor not entitled to rely on alleged representations by government employees that wage determination attached to contract was just a suggestion and not mandatory)

Northrop Grumman Systems Corp, Space Systems Division, ASBCA No. 54774 (July 22, 2010) (no enforceable agreement came into agreement because government attendees at meeting (i) remained silent or even nodded during the contractor's presentation and (ii) shook hands afterwards) 

Senate Builders & Construction Managers, Inc., ASBCA No. 56236 (July 19, 2010) (construction contract; contract interpretation; only one reasonable interpretation; patent ambiguity; failure to inquire prior to submitting bid)

United Healthcare Partners, Inc., ASBCA No. 56939 (July 19, 2010) (despite the fact that document was labeled as an "RFQ," language in document clearly indicated that submission of offer was intended to create a binding, bilateral contract)

Freeport Technologies, Inc. ASBCA No. 56665 (June 24, 2010) (breach claims for alleged government diversion of work that should have been ordered under appellant's contract)

Qatar International Trading Co., ASBCA No. 55518 (June 8, 2010) (denies contractor's claim for fraudulent phone charges on illegal clones of satellite phones provided to Government)

DWBH Services, Inc., ASBCA No. 56948 (June 2, 2010) (denies claim that maintaining lawns in areas where housing was demolished during contract was outside scope of contract)

Whiting-Turner Contracting Co., ASBCA No. 56319 (May 6, 2010) (accord and satisfaction issues; interpretation of releases in bilateral modifications)

PGDC/Teng, Joint Venture, ASBCA No. 56573 (Apr. 22, 2010) (grants Government's motion to dismiss contractor's claim for contract reformation; failure to prove (i) breach of duty to disclose superior knowledge, (ii) mutual mistake, or (iii) unilateral mistake)

Dixie Construction Co., ASBCA No. 56880 (Apr. 15, 2010) (requirements contract; contract interpretation; "Order Limitations" clause)

Pacific Coast Community Services, Inc., ASBCA No. 56754 (Apr. 12, 2010) (provision of storage space; contract interpretation; no showing of extra costs associated with claimed change)

Guy W. Parker d/b/a Parker International, ASBCA No. 56928 (Apr. 5, 2010) (dismisses frivolous claims related to government property)

Solid State Electronics Corp., ASBCA No. 56485 (Mar. 12, 2010) (denies contractor's claim for costs of expedited delivery because government employee who requested it did not have authority to change the contract)

Skanska US Building, Inc., ASBCA No. 56339 (Mar. 10, 2010) (contract interpretation; denies cross motions for summary judgment)

HMRTECH2, LLC, ASBCA No. 56829 (Mar. 12, 2010) (contract interpretation; firm's graduation from 8(a) program did not give Government right to deny contractor fair opportunity to compete for further orders for duration of multiple-award schedule contract)

American Ordnance LLC, ASBCA No. 54718 (Feb. 17, 2010) (excusable and compensable delays resulting from (i) defective specification; (ii) withholding of superior knowledge; and (iii) breach of implied duties of cooperation and noninterference)

Laser Manufacturing, Inc., ASBCA Nos. 55436, 55437 (Feb. 19, 2010) (denies claim for alleged changes in inspection and acceptance criteria)

Sybion Ozdil Joint Venture, ASBCA No. 56713 (Jan. 25, 2010) (whether calculation of amount owed for extra work on contract terminated for convenience should be at cost under "Changes" clause or pursuant to specification establishing unit price for work; interest issues)

Mach II, ASBCA No. 56630 (Jan. 12, 2010) (Government not liable to contractor for payment on performance resulting from unsigned delivery order on ID/IQ contract)

COSTAR III, LLC, ASBCA Nos. 55296, et al. (Dec. 31, 2009) (denies various claims for equitable adjustment; failure of proof; lack of authority of official who allegedly changed contract; claim precluded by bilateral modification; performance of work as a volunteer)

Mark O'Connor, ASBCA Nos. 56863 et al. (2009) (government responsibility for repairs to leased military housing units under Restoration clause)

WEDJ/Three C's, Inc., ASBCA No. 56672 (Nov. 20, 2009) (Value Engineering Change Proposal; grants summary judgment in favor of Government because contract already required what the contractor claimed to have submitted as a VECP)

DynCorp International LLC, ASBCA No. 56078 (Oct. 20, 2009) (knowledge of mistake; accrual of claim; continuing claim doctrine; separate claim for each option year)

HMRTECH2, LLC., ASBCA 56829 (Oct. 9, 2009) (finds CDA jurisdiction over claim that Government's interpretation of contract clause would improperly deprive contractor of future task orders under contract)

Gosselin World Wide Moving NV, ASBCA No. 55367 (Aug. 19, 2009) (interpretation of contract's Schedule of Compensation clause; grants contractor's motion for partial summary judgment because Order of Precedence clause resolved inconsistency in contract provision)

Mil-Spec Industries Corp., ASBCA No. 56070 (Aug. 6, 2009) (upholds default termination; contra proferentem is inapplicable if both parties agree on a particular interpretation)

Sinil Co., Ltd., ASBCA Nos. 55819, 55820 (Aug. 6, 2009) (summary judgment for Government; COR lacked authority to change contract; nobody with authority to do so ratified those changes; contractor released claims)

Dick Pacific, GHEMM, JV, ASBCA Nos. 54743, 55255 (June 18, 2009) (contract interpretation; failure to inquire concerning patent ambiguity)

HSG Technischer Service GmbH, ASBCA Nos. 55595, -96, -97 (June 16, 2009) (contract interpretation)

M.E.S., Inc. ASBCA No. 56454 (June 15, 2009) (interpretation of scope of release)

Computer Sciences Corp., ASBCA No. 56162 (June 15, 2009) (rules of contract interpretation)

DMJM H&M, Inc., ASBCA No. 56557 (Jun 10, 2009) (changes claim denied because it was based on an unreasonable interpretation of the contract and because of a failure of proof)

Advanced American Construction, Inc., ASBCA No. 56325 (June 8, 2009) (denies cross motions for summary judgment concerning contract interpretation and superior knowledge issues)

Local Communications Network, ASBCA No. 55154 (May 28, 2009) (requirements contract only required Navy requirements to be fulfilled; non-Navy agency was not required to use contractor to fulfill its requirements)

Derm/Buro, Inc., ASBCA Nos. 54959, -60, -61 (May 27, 2009) (changes; excusable and compensable delays)

L-3 Services, Inc.--Unidyne Division, ASBCA Nos. 56304, 56335 (May 21, 2009) (contract interpretation; motion for summary judgment denied)

General Dynamics, C4 Systems, ASBCA No. 54988 (May 8, 2009) (direction to contractor to proceed in accordance with delivery orders improperly issued as emails was change under the "Changes" clause)

Keller Mechanical Services, Inc., ASBCA No. 56318 (Mar. 18, 2009) (offer to settle in Contracting Officer's final decision is not evidence of liability once that decision is appealed to Board; contract interpretation; contra proferentem doctrine)

D & F Marketing, Inc., ASBCA No. 56043 (Mar. 9, 2009) (lack of authority by Government to enter alleged implied contract)

Osborne Construction Co., ASBCA No. 55030 (Feb. 19, 2009) (denies cross motions for summary judgment on credit for work ordered delayed by the Government; contract interpretation; need for extrinsic evidence)

Paradigm II, LLC, d/b/a JB Carpet & Upholstery Care, ASBCA No. 55849 (2008) (denies Government's motion for summary judgment that contract was unenforceable so as to preclude contractor's claim for breach damages; type of contract)

Strand Hunt Construction, ASBCA No. 55904 (2008) (denies cross motions for summary judgment based on alleged Differing Site Conditions and notice issues)

William D. Euille & Assocs., ASBCA No. 56486 (2008) (contract interpretation; meaning of specifications; changes)

Wesleyan Co., ASBCA No. 53896 (2008) (Government did not use contractor's products in a manner inconsistent with proprietary rights claimed on the items' tags)

Alliance General Contractors, LLC, ASBCA No. 54979 (2008) (defective specifications; defective drawings; contract interpretation; complementary drawings must be read as a group)

Corners and Edges, Inc., ASBCA No. 55767 (2008) (lack of authority by Project Officers to change contract; no evidence Contracting Officer ratified directions of Project Officers; no evidence of changed conditions)

SUFI Network Services, Inc., ASBCA No. 55306 (2008) (non-appropriated fund activity; settlement "agreement" not signed by Contracting Officer; misrepresentation; constructive change; "wasted" site visit; failure by Government to provide required equipment or facilities; Contracting Officer's ratification of COTR's directions; contract interpretation; unexpressed intent; contemporaneous interpretation; breach of contract by Government; notice of breaches; absence of prejudice from tardy notice; Government's duty to cooperate with contractor in performance of contract; lost revenues; lost profit on breach damages; responsibility of party to provide evidence uniquely within its control even when that party is not asserting the claim; defective government property; course of dealing as contract interpretation aid; claim preparation costs and consulting fees)

States Roofing Corp., ASBCA Nos. 55500, 55503 (2008) ("Permits and Responsibilities" clause does not impose strict liability on prime for all actions of subcontractors; ROICC did not have authority to change contract)

HITT Contracting, Inc, ASBCA No. 55758 (2008) (entitlement for extra work not included in contract schedule)

Robertson & Penn, Inc. d/b/a Cusseta Laundry, Inc. ASBCA No. 55625 (2008) (Sovereign Acts Doctrine; deductive change; variation from estimated quantities)

Advanced Technologies & Testing Laboratories, Inc., ASBCA No. 55805 (2008)(patent ambiguity; constructive change; Government's ordering obligations under indefinite quantity contract)

Qatar International Trading Co., ASBCA No. 55518 (2008) (responsibility for payment for unauthorized calls made on phones delivered to Government; tort issues raised as a government defense; jurisdiction over tort claims)

Hanley Industries, Inc., ASBCA Nos. 54315, 56383 (2008) (design specification; burden to prove defective specification; contractor's initial burden to prove it substantially complied with specification, with an unsatisfactory result; requirements for delay claim under under Eichleay theory; standby time)

International Oil Trade Center, ASBCA No. 55377 (2008) (lack of implied actual authority of government agency to modify contract; lack of consideration; alleged "settlement" did not include required modification of Risk of Loss clause; lack of written agreement; agreement to agree; mutual mistake of fact; elements of superior knowledge claim; constructive changes; sovereign acts)

States Roofing Corp., Inc., ASBCA No. 54854 (2008) (contract interpretation; patent ambiguity; calculation of quantum for constructive change)

Ellis Environmental Group., LC, ASBCA No. 56227 (2008) (Type II Differing Site Condition)

Todd Pacific Shipyards Corp, ASBCA No. 55126 (2008) (contract implied-in-fact; unratified oral agreement; failure to exercise options; superior knowledge; retroactive change in accounting method; scope of release; unabsorbed overhead)

John L. Jones, ASBCA No. 56138 (2008) (nonappropriated fund activity; lack of authority to change contract)

Fuel Tank Maintenance Co., LLC, ASBCA Nos. 54402, 54516 (2008) (Type 2 differing site condition; claim for concrete demolition; definition of claim; request for contracting officer decision)

Christopher H. White, ASBCA No. 56259 (2008) (personal services contract; paid leave; contract interpretation)

Strand Hunt Construction, Inc., ASBCA Nos. 55671, 55813 (2008) (construction contract; absence of ambiguity; requests for waivers; design versus performance specifications; nonavailability of off-the-shelf windows meeting performance requirements)

L-3 Communications Corp., Link Simulation & Training Div., ASBCA No. 54920 (2008) (government breach of fair opportunity to compete provision in solicitation for delivery order)

Wackenhut Services, Inc., ASBCA No. 55691 (2008)("Option to Extend Term" clause versus "Option to Extend Services" clause; contract interpretation; deductive change or partial termination for convenience)

Lockheed Martin Aircraft Center, ASBCA No. 55164 (2008)(requirements contract; diversion of requirements by Government; issues of material fact)

Service Rodriguez Barragan, SL, ASBCA No. 54622 (2008) (contract interpretation; patent ambiguity; lack of actual authority or ratification)

Tri-State Consultants, Inc. ASBCA No. 55251 (2008) (beach repair contract; defective specifications; commercial impracticability; undisclosed superior knowledge; Type I and Type II differing site conditions)

AEI Pacific, Inc. ASBCA No. 53806 (2008) (construction contract; accord and satisfaction; implied duty to cooperate; defective specifications; compensable delay)

General Dynamics C4 Systems, Inc. ASBCA No. 54988 (2008) (option contracts; contract interpretation; waiver; email orders;  constructive changes; FAR 17.202(c)(1); FAR 17.204(e))

The Boeing Co., ASBCA Nos. 54593, 56258 (2008) (cross contract offset)

C.R. Pittman Constr. Co., Inc., ASBCA No. 54901 (2008) (standards to establish prior course of dealing)

LABAT-Anderson, Inc., ASBCA Nos. 54904, 54905, 54906 (2007) (contract interpretation; ambiguous terms; contractor's lack of reliance on its proposed interpretation)

Freedom NY, Inc. ASBCA No. 55465 (2007) (interest claim released by contract modification)

Syracuse Int'l Technologies, ASBCA No. 55607 (2007) (lapse of purchase order)

Local Communications Network, Inc., ASBCA No. 55154 (2007) (CDA jurisdiction: unquantified claims; incorporation of clauses by operation of law)

Webb Electric Co. of Florida, Inc., ASBCA No. 54293 (2007) (delays; Suspension of Work clause; constructive suspension)

Dick Pacific, GHEMM, JV, ASBCA No. 55806 (2007) (contract interpretation; no ambiguity; subcontractor claim)

Wesleyan Co., ASBCA No. 53896 (2007) (on remand from Fed. Cir.; contract formation; breach of confidentiality agreement)

Conner Bros. Constr., Inc., ASBCA No. 54109 (2007) (delays, Changes clause, sovereign acts)

Interstate Electronics Corp., ASBCA Nos.  55064, 55250 (2007) (IR&D costs; mistake; interpretation of release)

Fru-Con Constr. Corp., ASBCA Nos. 55197, 55248 (2007) (contractor and government quantum claims; deductive changes; cost savings; delays)

George G. Sharp, Inc., ASBCA Nos. 55385, 55386 (2007) (notice of funding overruns under Limitation of Costs clause)

Altos Federal Group, ASBCA Nos. 53253, 54404 (2007) (DOL wage determination; Price Adjustment clause) 

Armstead & Assocs., ASBCA No. 52610 (2007) (estimated quantities) 

FloorPro, Inc., ASBCA No. 54143 (2007) (contract modification; third party beneficiary rule)

Honeywell International, Inc., ASBCA No. 54598 (2007) (maximum order quantities; timeliness of objection to Contracting Officer)

Mumford & Miller Concrete, Inc., ASBCA Nos. 53652, 53653 (2007) (construction contract specs; suspension of work)

American Bridge Co., ASBCA No. 54867 (2007) (contract interpretation)

Systems Integrated, ASBCA No. 54439 (2007) (Limitation of Cost clause; equitable distribution of property) 

Bay West, inc., ASBCA No. 54166 (2007) (Differing Site Conditions) 

Ellis Environmental Group, LC, ASBCA No. 54066, 54067 (2007) (mistake; reformation)

Trawick Contractors, Inc., ASBCA No. 55097 (2007) (oral agreement)

Transtar Metals, Inc., ASBCA No. 55039 (2007) (ID/IQ contract; minimum required quantity; estimated quantity)

International Technology Corp., ASBCA No. 54136 (2006) (Limitation of Cost clause)

Steelhead Constructors, Inc., ASBCA No. 55283 (2006) (contract interpretation)

Emerson Construction Company, Inc., ASBCA No. 55165 (2006) (Variation in Estimated Quantity clause)

KiSKA Constr. Corp.-USA, ASBCA Nos. 54613, -14 (2006)(retainage and equitable adjustment)

The Minesen Co., ASBCA Nos. 52488, 52811 (2006)  (Non-appropriated fund activity; breach)

SUFI Network Services, Inc., ASBCA No. 55306 (2006) (accord and satisfaction; waiver; notice; Changes clause claims)

Mass Constr. Group, Inc., ASBCA No. 55440 (2006) (differing site conditions)

Haskell Corp., ASBCA Nos. 54171 (2006) (construction contract claims)

Bean Stuyvesant L.L.C., ASBCA No. 53882 (2006) (differing site conditions)

United Paradyne Corp., ASBCA No. 55374 (2006) (constructive change--additional staffing)

Valenzuela Engineering, Inc., ASBCA No. 54990 (2006) (reservation and release of claims) 

Steelhead Constructors, Inc., ASBCA No. 55283 (2006) (construction contract claims)

Ingenieria y Constructora Washington, S.A., ASBCA No. 54561 (2006) (lease interpretation)

Gray Personnel, Inc., ASBCA No. 54652 (2006) (constructive change)

Spindler Constr. Corp., ASBCA No. 55007 (2006) (sponsored subcontractor claim; material costs)

B. W. Farrell, Inc., ASBCA No. 53311 (2006) (differing site conditions; liquidated damages)

P&C Placements Services, Inc., ASBCA 54124 (2006) (Rule 11; breach claim)

L-3 Comm. Corp., ASBCA 54920 (2006) (breach of "Awarding Orders" clause)  

LABAT-Anderson, Inc. ASBCA Nos. 54904 et al, (2006) (Preservation, Packaging, Packing, and Marking claim and PPA interest) 

Sarang-National JV, ASBCA No. 54992 (2006) (Changes clause--specifying portion of work that must be self-performed by JV) 

JDD, Inc., ASBCA No. 55282 (2006) (increases in SCA wage rates; revised wage determination)  

SPACEHAB, Inc., ASBCA No. 54880 (2006) (hardware lost in space shuttle Challenger disaster)

Redwood Furniture Co., ASBCA Nos. 54944 et al (2006) (existence of contracts)

L-3 Communications Link Sim. and Training, ASBCA No. 54798 (2006) (Incentive Price Revision)

JWK Korea Ltd, ASBCA No. 54198 (2006) (increased labor costs; superior knowledge)

Weststar Revivor, Inc., ASBCA Nos. 52837, 53171 (2006) (claim for extra concrete work)

Imperial Constr. & Electric, Inc., ASBCA No. 54175 (2006) (non-appropriated fund activity; extra work and delay claims)

Advanced Business Concepts, Inc., ASBCA No. 55002 (2006) (accord and satisfaction; cost of specialty commercial items) 

 

 

Cost Principles; Defective Pricing; Cost Accounting Standards; Limitation of Costs

Lockheed Martin Integrated Systems, Inc., ASBCA Nos. 59508, 59509 (Dec. 20, 2016) (dismisses (i) government claim to disallow certain subcontract costs (because claim based on vague, conclusory assist audit reports on subcontractors that do not establish any logical claim against prime) and (ii) government claim that contractor breached some duty to the Government by failing to monitor subcontractors adequately to avoid billing Government for certain subcontractor costs questioned in various assist audits because Government failed to allege required elements of a breach)

Alaska Aerospace Corp., ASBCA No. 59794 (Sep. 13, 2016) (denies Government's claim for recoupment of pension contributions because Government presented no evidence that it reimbursed the contractor for any of those costs)

Exelis, Inc., ASBCA No. 60131 (Aug. 29, 2016) (dismisses Government's CAS 404 claim because building lease is not a tangible asset)

Raytheon Co., Space & Airborne Systems, ASBCA No. 58068 (Aug. 9, 2016) (Contracting Officer violated FAR § 30.602 and abused her discretion by making claim for increased costs without considering the materiality of cost impacts associated with the contractor's change in cost accounting practices pursuant to the criteria in 48 C.F.R. § 9903.305)

River Ridge Development Authority, ASBCA No.  58981 (Mar. 22, 2016) (offset of various insurance costs against fair market rental for ammunition plant leased by Government to contractor)

Symetrics Industries, LLC, ASBCA No. 59297 (Aug. 13, 2015) (denies Government's defective pricing claim because it had actual knowledge of data at issue when evaluating the contractor's price proposal)

Raytheon Co., Space & Airborne Systems, ASBCA Nos. 57801 et al. (May 7, 2015) ((i) prior to April 2005, in the absence of regulatory guidance, there was an established practice at DoD to permit offsets across contracts of the effects of simultaneous changes in accounting practices (a practice already recognized by the Board in its prior Boeing decision); (ii) the contractor could utilize this cross-contract offsetting procedure for contracts executed prior to the effective date (April 8, 2005) of the revised regulation (FAR 30.606) that prohibited the procedure; (iii) that revised regulation did not overstep the authority of the FAR Councils or infringe on the authority of the CAS Board; (iv) in the absence of any specific allegation by the contractor as to how it was damaged by the Contracting Officer's failure to consider any of the regulatory factors except increased costs to the Government in deciding whether the contested accounting changes were "desirable," the Contracting Officer's decision-making process was unobjectionable; and (v) the Government's attempt to recover both the increased costs resulting from the accounting changes on flexibly-priced contracts and the corresponding decreases in allocations to fixed-price contracts (allegedly to eliminate excess profits on the latter) amounted to double-counting that would result in a prohibited windfall to the Government)  

Accurate Automation Corp., ASBCA No. 59727 (Apr. 6, 2015) (denies contractor's appeal from Government claim for unallowable costs because costs were not deferred compensation)

Coherent Logix, Inc., ASBCA No. 59725 (Apr. 2, 2015) (analysis of (i) accrual date for government claim for unallowable patent-related legal costs and (ii) whether FAR  42.709-5 required Contracting Officer to waive penalty for unallowable costs), contractor's motion for reconsideration denied

Northrop Grumman Corp., ASBCA No. 57625 (Jan. 16, 2014) (upholds government disallowance of post-retirement benefit costs under FAR 31-205.6(o) because costs were not accrued using GAAP/FAS 106 and were not timely funded), motion for reconsideration denied

The Boeing Co., ASBCA No. 57409 (Dec. 3, 2013) (LOF clause limited amount contractor could recover for subcontract settlement costs under T for C of prime contract)

Parsons-UXB Joint Venture, ASBCA No. 56481 (Aug. 1, 2013) (allowability of various costs by individual members of joint venture related to dispute with Hawaii over amounts owed for Hawaii's general excise tax), Board accepts contractor's subsequent calculation of amount previously found due

GMS Hawaii Corp., ASBCA No. 58195 (July 30, 2013) (denies claim for termination costs because contract permitted termination without liability in situation at issue)

PHI Applied Physical Sciences, Inc., ASBCA Nos. 56581, 58038 (May 30, 2013) (denies claim for cost overrun because contractor failed to give required notice under FAR 52.232-20 (Limitation of Cost) and Contracting Officer did not authorize incurrence of costs)

CAE USA, Inc., ASBCA No. (May 23, 2013) (grants Government partial summary judgment on contractor's claims that it is entitled (under theory of unilateral mistake, failure to disclose superior knowledge, or breach of the implied covenant of good faith and fair dealing) to recover  fringe benefit costs it was required to pay under collective bargaining agreement as successor contractor pursuant to Service Contract Act)

PHI Applied Physical Sciences, Inc., ASBCA Nos. 56581, 58038 (Apr. 30, 2013) (FAR 52.232-20 (Limitation of Cost) bars contractor's claim for increased costs under CPFF contract because contractor failed to provide required notice of cost overruns and Contracting Officer never issued notice that estimated cost of contract had been increased)

Dynamics Research Corp., ASBCA No. 57830 (Mar. 26, 2013) (contractor that failed to notify Government at least 90 days before its incurred costs would equal 85% of the then-allotted funds, as required by "Limitation of Government Obligation" clause, could not recover for costs in excess of funding limit)

Green Dream Group, ASBCA Nos. 57413, et al. (Mar. 25, 2013) (various termination for convenience cost claims)

Space Gateway Support, LLC, ASBCA Nos. 55608, 55658 (Jan. 29, 2013) (former FAR 45.302.3(c) (now revised and relocated to 15.404-4(c)(3)) prohibits recovery of profit on cost of equipment purchased pursuant to directions from Government)

Lockheed Martin Aeronautics Co., ASBCA No. 56547 (Jan. 22, 2013) (Government failed to prove that nondisclosure of data resulted in any increase in negotiated price) Thomas Associates, Inc., ASBCA No. 57795 (Oct. 4, 2012) (upholds ACO's determination that five indirect cost items (including membership in a hunting club, costs of a jazz ensemble, gifts of flowers to employees on various special occasions,  and an expensive Christmas party that included significant costs for alcohol) were expressly unallowable under FAR 31.205; contractor not entitled to waiver of penalties for unallowable costs under FAR FAR 42.709-5)

Inframat Corp., ASBCA No. 57741 (Aug. 3, 2012) (summary judgment that contractor was not entitled to waiver of penalties for unallowable costs in final indirect cost proposals under FAR 42.709-5(c)(1), (2))

Metron, Inc., ASBCA Nos. 56624, et al (June 4, 2012) (contractor's executive compensation costs were reasonable and allowable)

Space Gateway Support, LLC, ASBCA No. 56592 (Jan. 30, 2012) (costs of accrued sick leave hours paid to employees in cash at termination of employment in accordance with the terms of CBAs are allowable fringe benefits under FAR 31.205-6, and Government did not follow required procedures to obtain deviation from that cost principle)

J.F. Taylor, Inc., ASBCA Nos. 56105, 56322 (Jan. 18, 2012) (executive compensation paid by contractor was reasonable; statistical flaws in the DCAA's methodology for determining reasonable compensation), affirmed on reconsideration.

SplashNote Systems, Inc., ASBCA No. 57403 (Nov. 29, 2011) (disallows several claimed cost types: deferred IR&D costs absent specific identification in the contract; bonus paid to owner/CEO as unallowable distribution of profits; local meals to discuss recruiting were unallowable under several claimed costs principles)

SRI International, ASBCA No. 56353 (Oct. 5, 2011) (on reconsideration of prior decision, clarifies that amount due contractor is to be determined by "Allowable Cost and Payment" clause) 

Westech International, Inc., ASBCA No. 57296 (Aug. 9, 2011) (contractor entitled to  reimbursement for Arizona transaction privilege taxes plus penalties and interest pursuant to FAR 31.205-41)

General Dynamics Corp., ASBCA No. 56744 (June 21, 2011) (contractor's use of intra-year pension fund returns in contractor's forward pricing estimates of pension costs violates CAS 412), subsequently modified on reconsideration)

Kearfott Guidance & Navigation Corp., ASBCA No. 55626 (June 10, 2011) (allows reformation of contracts because identifiable intangible asset write-up amortization costs were mistakenly omitted from the calculation of contractor's G&A rates and FCCOM factors)

Sundt Construction, Inc., ASBCA No. 57358 (May 24, 2011) (construction contract task order modification established two separate completion dates and Government could properly assess liquidated damages for portion of work covered by one of the two dates, which already had passed when the modification was signed)

Thomas Assocs., ASBCA No. 57126 (May 17, 2011) (allowability of (i) life insurance costs for contractor's President and (ii) transfer of Jeep treated as fringe benefit compensation to individual; applicability of penalty for expressly unallowable costs pursuant to FAR 42.709); decision modified on reconsideration)

Todd Pacific Shipyards Corp., ASBCA Nos. 55126, 56910 (May 12, 2011) (denies contractor's claim that it should be allowed to re-classify certain indirect costs as direct costs)

ARCTEC Services, ASBCA Nos.  et al. (Apr. 15, 2011) (contractor entitled to price adjustment for the cost of severance benefits paid to unionized employees pursuant to collective bargaining agreements following expiration of the referenced contract under both "Service Contract Act--Price Adjustment" and "Incentive Price Revision--Firm Target" clauses)

Raytheon Co., ASBCA No. 56701 (Mar. 31, 2011) (summary judgment for contractor because aggregate effect of voluntary change in cost accounting practices related to actuarial value of pension plans did not result in increased costs to Government)

SRI International, ASBCA No. 56353 (Feb. 18, 2011) (costs of maintaining standby Letter of Credit to guarantee contractor's ability to repay the entire amount of its long-term debt in two years are allowable)

David J. Needham, ASBCA No. 57133 (Oct. 25, 2010) (allowable and unallowable cost categories under convenience termination proposal after termination of aircraft lease)

BearingPoint, Inc., ASBCA Nos. 55354, 55555 (Oct. 16, 2009) (cost issues; allowability and allocability of various disputed costs under cost reimbursable contract)

MACH-II, ASBCA No. 56425 (Aug. 3, 2009) (grants summary judgment in favor of Government's claim for refund of its overpayment to contractor on one delivery order despite plaintiff's contention it was owed money on a separate delivery order)

George G. Sharp, Inc., ASBCA Nos. 55385, 55386 (Apr. 9, 2009) (cost overruns on cost reimbursable contract delivery orders; notice of overruns; continued performance after cost and funding ceilings reached; elements of estoppel)

ATK Launch Systems, Inc. ASBCA Nos. 55395, 55418, 55812 (Apr. 9, 2009) (Allowable Cost and Payment clause; Government's failure to adjust interim billing rates)

Southwest Marine, Inc., ASBCA No. 54550 (Apr. 7, 2009) (negative profit on fixed-price incentive fee contract)

BearingPoint, Inc., ASBCA No. 55354 (2008) (Severin doctrine; cost reasonableness)

Todd Pacific Shipyards Corp, ASBCA No. 55126 (2008) (contract implied-in-fact; unratified oral agreement; failure to exercise options; superior knowledge; retroactive change in accounting method; scope of release; unabsorbed overhead)

Raytheon Co., ASBCA No. 54907 (2008) (CAS 413; pension costs; segment closing; CAS requirements in order for contractor to be liable to the Government for interest)

Lockheed Martin Corp., ASBCA No. 54169 (2007) (CAS 409.50 and FAR 31.205-16 treatment of losses from land sales) 

Raytheon Co., ASBCA No. 54907 (2007) (CAS 413)

Lockheed Martin Corp., ASBCA 53822 (2007) (Cost Accounting Standards; impact of changed practices)

Interstate Electronics Corp., ASBCA Nos.  55064, 55250 (2007) (IR&D costs; mistake; interpretation of release)

ICI Americas, Inc., ASBCA Nos. 54877, 55078 (2007) (CAS 413; surplus pension fund assets)

Fiber Materials, Inc., ASBCA No. 53616 (2007) (Various indirect cost issues)

AM General LLC, ASBCA No. 53610 (2006) (CAS 418--Motion for Reconsideration)

Int'l Tech. Corp., ASBCA No. 54136 (2006) (costs in excess of cost ceiling; LOC clause)

United Technologies Corp., Pratt & Whitney, ASBCA Nos. 47416 et al (2006) (CAS; estoppel; government misconduct)

 

Delay; Suspension of Work; Eichleay; Unabsorbed Overhead

Air Services, Inc., ASBCA No. 59843 (Mar. 17, 2016) (grants delay costs caused by government's "indecision and confusion" over project requirement)

KBJ, Inc.,  ASBCA No. 58512 (Mar. 3, 2016) (release in modification barred contractor's subsequent claims for compensation and time due to delays occasioned by encountering more than anticipated asbestos; contractor entitled to 109 days of Eichleay overhead because Government's suspension of work resulted in delay to critical path, which resulted in contractor's standby costs in a situation where any contractor delays were not on critical path)

Terraseis Trading Limited, ASBCA Nos. 58731, 58732 (Nov. 19, 2015) (despite lack of delivery schedule in contract, contractor is entitled to six of claimed 28 days of delay compensation for the Government's delays in its obligation to deliver contractor's equipment to worksite; delays and other excuses not sufficient to overcome contractor's failure to meet contract schedule for its work so default termination upheld)

Alderman Building Co., ASBCA No. 58082 (Dec. 9, 2014) (partially grants contractor's motion for summary judgment, finds contractor has established one of three required  elements for recovery of Eichleay damages, i.e., contractor established there was a government-caused delay of uncertain duration)

Strand Hunt Construction, Inc., ASBCA No. 55905 (Apr. 11, 2013) (contract completion date was date originally proposed by contractor and accepted by Government, despite the fact, in modifications, that both parties erroneously continued to refer to the completion date in the solicitation until the dispute arose; contractor is entitled to remission of liquidated damages to the extent (i) unreasonable portion of stop work order and (ii) Contracting Officer's failure (a) to act within reasonable period of time to resolve punchlist items and (b) to concede beneficial occupancy occurred at same time as substantial completion)

Troy Eagle Group, ASBCA No. 56447 (Mar. 4, 2013) (delays in Iraq caused by gate and border closures, road blockages, and requirements that shipments be made in military convoys, whether ordered by United States or Iraqi government, are not compensable), affirmed on reconsideration Hedgecock Electric, Inc., ASBCA No. 56307 (June 20, 2012) (fact-based analysis of several elements of contractor's claims for government-caused delays entitling it to remission of liquidated damages; bilateral modifications with broad release language did not operate as accord and satisfaction of contractor's delay claims where CO had indicated such claims would be considered at end of contract)

Versar, Inc., ASBCA No. 56857, et al. (Apr. 23, 2012) (denies both parties' delay claims against the other because neither party presented evidence concerning concurrent delay or segregating its own and its opponent's delays; sustains other appeals by contractor), affirmed on reconsideration.

The Davis Group, Inc., ASBCA No. 57523 (Aug. 12, 2011) (contractor was primarily responsible for delay in Government's approval of its submittal)

American Ordnance LLC, ASBCA No. 54718 (Feb. 17, 2010) (excusable and compensable delays resulting from (i) defective specification; (ii) withholding of superior knowledge; and (iii) breach of implied duties of cooperation and noninterference)

States Roofing Corp., ASBCA Nos. 54860, et al. (Jan. 12, 2010) (delay claims; computation of damages)

Coronet Machinery Corp., ASBCA No. 55645 (Nov. 13, 2009) (denies contractor's motion for summary judgment that it is entitled to Eichleay damages)

Packard Construction Corp., ASBCA No. 55383 (Aug. 10, 2009) (delay claim; Eichleay; stand-by costs; field overhead)

ADT Construction Group, Inc., ASBCA No. 55307 (July 9, 2009) (part of pre-construction delays were excusable and compensable because the Government remained silent in the face of repeated notices from the contractor of its contrary interpretation)

Derm/Buro, Inc., ASBCA Nos. 54959, -60, -61 (May 27, 2009) (changes; excusable and compensable delays)

Ellis Environmental Group, LC, ASBCA No. 55375 (2008) (design/build contract claims for allegedly extra required quality control plan, unreasonable delays in processing submittals, improper rejection of request for time extension, and remission of liquidated damages)

Todd Pacific Shipyards Corp, ASBCA No. 55126 (2008) (contract implied-in-fact; unratified oral agreement; failure to exercise options; superior knowledge; retroactive change in accounting method; scope of release; unabsorbed overhead)

Fox Construction Inc., ASBCA Nos. 55265, 55266, 55267 (2008) (construction contract; government damages for defects in contractor's performance; delay claim; "loss of production" theory of recovery)

AEI Pacific, Inc. ASBCA No. 53806 (2008) (construction contract; accord and satisfaction; implied duty to cooperate; defective specifications; compensable delay)

Paranetics Technology, Inc., ASBCA No. 55329 (2007) (Eichleay unabsorbed overhead)

Conner Bros. Constr., Inc., ASBCA No. 54109 (2007) (delays, Changes clause, sovereign acts)

Fru-Con Constr. Corp., ASBCA Nos. 55197, 55248 (2007) (contractor and government quantum claims; deductive changes; cost savings; delays)

Tulsa Mid-West Constr. Co., ASBCA No. 55153 (2007) (construction contract claim quantum; Eichleay)

Mumford & Miller Concrete, Inc., ASBCA Nos. 53652, 53653 (2007) (construction contract specs; suspension of work)

Packard Construction Corp., ASBCA 55383 (2006) (Eichleay)

W. B. Meredith II, Inc., ASBCA No.  53611 (2006) (construction contract delays)

Catel, Inc., ASBCA Nos. 54632, 54633 (2006) (additional work; unabsorbed overhead)

Applied Companies, Inc., ASBCA No. 54506 (2006) (Eichleay--unabsorbed overhead)

 

 

Default Terminations; Cancellation for Cause; Government Deductions and Rejection of Work; Government Claims; Liquidated Damages

 

Avant Assessment, LLC, ASBCA No. 58866 (Sep. 28, 2016) (converts default termination to one for convenience because the Government (i) failed to present any evidence of a delivery schedule it claimed the contractor had failed to meet and (ii) failed to show the contractor had delivered fewer than the required number of items because the parties had agreed to reduce the number of required items to only the number the Government found acceptable)

Precision Standard, Inc., ASBCA Nos. 58135, 58205 (June 8, 2016) (default termination justified by contractor's refusal to perform or to properly respond to cure notices after Government applied what contractor believed was incorrect welding standard, especially when contractor did not allege Government's action was breach prior to termination), contractor's motion for reconsideration denied

Lean Construction and Engineering Co., ASBCA No. 59016 (May 18, 2016) (upholds partial default termination because contractor failed to complete the work despite two extensions to the contract schedule and several notices from the Government regarding the problems with the work)

Quality Trust, Inc., ASBCA No. 59983 (May 5, 2016) (upholds default termination based upon contractor's failure to obtain required performance and payment bonds), contractor's motion for reconsideration denied

Third Coast Fresh Distribution, L.L.C., ASBCA No. 59696 (Apr. 6, 2016) (upholds termination for cause of contract set-aside for small businesses after SBA determined contractor was not small because it was not compliant with nonmanufacturer rule)

Highland Al Hujaz Co., Ltd, ASBCA No. 58243 (Mar. 30, 2016) (upholds termination for default issued immediately after contractor anticipatorily repudiated material, non-severable requirement of contract by "positively, definitely, unconditionally, and unequivocally refus[ing] to continue providing temporary power without additional fuel payments by the government"; default not excused by Government's justifiable withholding of progress payments)

Joseph Sottolano, ASBCA Nos. 59081, 60043 (Mar. 24, 2016) (upholds termination for cause  of United States' Military Academy's head baseball coach for, inter alia, receiving oral sex from a  female staff assistant in his office during working hours)

Marshall's Electric, Inc., ASBCA No. 59749 (Mar. 7, 2016) (upholds defaut termination based on contractor's failure to obtain required bonding, rejecting all its excuses for its failure)

Lawn Legends LLC, ASBCA No. 59078 (Dec. 30, 2015) (upholds default termination because of contractor's failures to complete various tasks by the delivery deadlines without adequate excuses)

elson, Inc., ASBCA Nos. 57201, 58166 (Dec. 15, 2015) (default termination of work at two of contract sites was improper because no notice-to-proceed was ever issued; terminations of work related to other contract sites were improper because Government did not grant contractor time extensions to which it was entitled)

Palco Distributing, LLC, ASBCA No. 59892 (Oct. 22, 2015) (upholds cancellation of purchase order after seller tendered different items from those specified in order)

Capy Machine Shop, ASBCA No. 69133 (Oct. 8, 2015) (overturns default termination because contractor's request for a no-cost cancellation was not sufficient to establish anticipatory repudiation and its past practice of bidding low and then requesting no-cost terminations on other contracts was not evidence it bid this contract with no intention of performing); same reasoning and result re same contractor in ASBCA No. 59085.

Military Aircraft Parts, ASBCA No. 59978 (Sep. 1, 2015)  (overturns default termination because Government should have conditionally approved second submission of First Article)

DayDanyon Corp., ASBCA No. 57681 (Aug. 17, 2015) (upholds default termination; contractor's performance during one month and 12 days between first missed delivery date and date of termination was too insubstantial to establish detrimental reliance based on government forbearance)

Avant Assessment, LLC, ASBCA No. 58867 (Aug. 11, 2015) (sustains appeal from default termination because contract modification had deleted requirement that Government subsequently used to try to justify termination); Government's motion for reconsideration denied.

Precision Standard, Inc., ASBCA No. 59116 (July 13, 2015) (upholds termination for default based on failure to deliver First Article on time; provision authorizing termination at no cost "to the Government" did not mean such termination would also be at no cost to the contractor), contractor's motion for reconsideration denied

CP of Bozeman, Inc., ASBCA No. 58491 (July 8, 2015) (overturns termination for default because contract gave contractor the right to unilaterally end its services at specific location on one days' notice, so, doing so, was not a breach of contract; denies contractor's claim of misrepresentation because contractor failed to inquire about, or properly make use of, data provided by Government)

Gilbane Building Co., ASBCA No. 57206 (Aug. 13, 2014) (Government properly rejected contractor's submittal of proposed subcontractor's elevator system because subcontractor did not comply with requirement that it be regularly engaged in the manufacture of pre-engineered elevator systems), motion for reconsideration denied

Hanley Industries, Inc., ASBCA No. 56584 (Aug. 12, 2014) (upholds termination for default after response to cure notice, which mainly regurgitated excuses Government already had found inadequate)

AEON Group, LLC, ASBCA Nos. 56142, 56251 (Aug. 6, 2014) (denies appeals of default termination and assessment for unliquidated performance-based payments; contractor was in default, which was not excused by Government's superior knowledge or alleged lack of good faith and fair dealing)

DODS, Inc., ASBCA Nos. 57746, 58252 (July 22, 2014) (denies appeal of default termination for failure to make progress because contractor failed to provide adequate assurances in response to cure notice )

Dyno Group, Inc., ASBCA No. 59074 (Apr. 11, 2014) (rejects multiple contractor arguments against assessment of liquidated damages for late completion of contract work)

Bulova Technologies Ordnance Systems LLC, ASBCA No. 57406 (Jan. 28, 2014) (supply contract for delivery of three, severable types of  guns was properly terminated for failure to deliver one type, properly terminated for failure to make progress and failure to provide adequate assurances of performance as to a second type, but improperly terminated the third because the contractor was not yet in default as of the date of that termination and had not anticipatorily repudiated its obligations), motion for reconsideration denied

Earthstar Construction and Logistics Co., ASBCA No. 58086 (Nov. 13, 2013) (upholds termination for cause due to failure to deliver "new" items required by contract)

Dace Enterprises, LLC, ASBCA No. 57984 (Nov. 1, 2013) (Government properly terminated contract for cause because contractor was not authorized by manufacturer to provide (resell) required manufacturer support for specified systems and, thus, could not fulfill terms of contract) 

TTF, L.L.C., ASBCA Nos. 58495, 58516 (Sep. 3, 2013) (PO lapsed because firm failed to timely deliver supplies that met specification requirements, and the items it did deliver were nonconforming because they did not fulfill requirement to be produced by a HUBZone business)

Platinum Logistics Services Co., ASBCA No. 57965 (Aug. 15, 2013) (upholds termination for default after contractor repeatedly failed to provide conforming items and, after cure notice, did not give Government assurances it would comply with contract in the future)

Donaldson Enterprises, Inc., ASBCA No. 57297 (July 16, 2013) (contractor is responsible for value of government property taken by subcontractor)

Commissioning Solutions Global, LLC, ASBCA Nos. 57429, 57494 (June 25, 2013) (termination of fixed price contract for cause justified by contractor's refusal to perform absent price increase; argument that drawing was illegible is no excuse because its condition was patent before award and contractor did not rely on it to perform)

Gargoyles, Inc., ASBCA No. 57515 (May 28, 2013) (upholds termination for cause of commercial items contract for light armored vehicles for failure to deliver within required delivery schedule without excuse; warning letter issued by Government after delivery date had passed was actually a Show Cause notice even through it referred to itself as cure notice and both parties referred to it as such)

ADT Construction Group, Inc., ASBCA No. 55358 (Apr. 30, 2013) (upholds default termination based on (i) contractor's failure to meet original completion date and interim construction date on revised schedule; (ii) contractor's lack of progress, indicating it was unlikely to meet any new completion date; and contractor's failure to provide adequate assurances that it would or could complete contract), request for reconsideration denied

Strand Hunt Construction, Inc., ASBCA No. 55905 (Apr. 11, 2013) (contract completion date was date originally proposed by contractor and accepted by Government, despite the fact, in modifications, that both parties erroneously continued to refer to the completion date in the solicitation until the dispute arose; contractor is entitled to remission of liquidated damages to the extent (i) unreasonable portion of stop work order and (ii) Contracting Officer's failure (a) to act within reasonable period of time to resolve punchlist items and (b) to concede beneficial occupancy occurred at same time as substantial completion)

Red Sea Engineers & Constructors, Inc., ASBCA Nos. 57448, et al. (Feb. 21, 2013) (default not excused by Government's withholding of progress payments and its refusal to process related documents because Government's expressed concerns that, due to lack of progress, earlier progress payments had overpaid contractor; four-month forbearance period after warning to contractor that Government was reserving its rights did not waive completion date)

American AquaSource, Inc., ASBCA Nos. 56627, 57275 (Jan. 8, 2013) (upholds termination for cause of contract to supply purified water because contractor's performance during 49 day period between missed delivery date and termination (conducting a site survey, being notified by its construction contractor that it might be liable for liquidated damages, and using minimal efforts to find alternate source of water) was not sufficiently substantial to constitute reliance in support of the contractor's claim of waiver of the delivery date), request for reconsideration denied. Steelform, Inc., ASBCA No. 57724 (Oct. 17, 2012) (propriety of default termination; grants Government's motion for summary judgment because bilateral mods acted as accord and satisfaction preventing contractor from relying on delays occurring prior to mods as excuses)

Charles Mullens, ASBCA No. 57432 (Oct. 12, 2012) (no basis for contractor's challenge to termination where contract included a "no fault" termination clause)

DODS, Inc., ASBCA No. 57816 (June 18, 2012) (because contractor did not undertake substantial performance of unilateral purchase order before delivery date passed, offer lapsed before contract was formed)

DODS, Inc., ASBCA No. 57816 (June 18, 2012) (because contractor did not undertake substantial performance of unilateral purchase order before delivery date passed, offer lapsed before a contract was formed)

DODS, Inc., ASBCA No. 57667 (June 11, 2012) (default termination overturned in supply contract where contractor missed original delivery date for first article but Government nevertheless encouraged contractor to continue to perform and waited 21 months to terminate without establishing a new delivery date, and contractor detrimentally relied (to a minimal extent) on Government's actions); affirmed on reconsideration for additional reason that, due to missing TDP data, contractor's failure to perform by original date was excused and Government did not establish new date prior to terminating.

Delta Industries, Inc., ASBCA No. 57356 (Feb. 23, 2012) (grants government motion for summary judgment and dismisses claim for termination costs because purchase order was an offer that lapsed when the contractor failed to deliver within the required time)

Lan-Cay, Inc., ASBCA No. 56140 (Jan. 23, 2012) (upholds termination for default; government did not wrongfully withhold progress payments or audit or inspect contractor's work excessively)

Environmental Safety Consultants, Inc. , ASBCA No. 51722 (Sep. 28 , 2011) (overturns default termination because, after delaying 11 months after stated completion date, time was obviously no longer of essence and Government should have established a new completion date); subsequently, Board denies Government's motion for relief from judgment.  

Matrix Research, Inc., ASBCA Nos. 56430, 56431 (June 22, 2011) (upholds default termination because contractor inexcusably failed to deliver final 15 items under the contract and problems were due to actions of its subcontractor, not to Government's inspectors)

Tawazuh Commercial and Construction Co. Ltd., ASBCA No. 55656 (June 13, 2011) (upholds propriety of default termination because of defects in road construction work)

Advance Construction Services, Inc., ASBCA No. 55232 (June 6, 2011) (upholds propriety of default termination before cure period expired because contractor had no reasonable prospects of finishing the job by the conclusion of the cure period)

FastLinks, Inc., ASBCA No. 57170 (May 25, 2011) (upholds default termination; contractor's contention that specified part could not perform properly belied by fact that reprocurement contractor installed the same part without incident)

New Era Contract Sales, Inc., ASBCA Nos. 56661 et al. (Apr. 4, 2011) (Government properly terminated fixed-price delivery orders for default after contractor refused to deliver because subcontract prices had increased by an amount it found unacceptable)

Free & Ben, Inc., ASBCA 56129 (Mar. 22, 2011) (upholds default termination of contractor who did not deliver trucks to Iraq because after award it requested an End-User Certificate, which the Government refused to issue)

Genome-Communications, ASBCA Nos. 57267, 57285 (Feb. 25, 2011) (grants contractor's motion for summary judgment that Government failed to pay for contractually compliant training materials provided by contractor and improperly terminated the contract for cause because its cure notice had imposed requirements above and beyond the contract requirements)

Fit-Net International Corp., ASBCA Nos. 56604, 56605 (Feb. 22, 2011) (upholds termination for cause because of late delivery of nonconforming supplies)

Smart Power Systems, Inc., ASBCA No. 56143 (Nov. 24, 2010) (summary judgment upholding default termination for failure to make progress and failure to provide adequate response to cure notice)

AmerescoSolutions, Inc., ASBCA No. 56811 (Nov. 15, 2010) (denies motion for summary judgment because contractor did not establish Government had waived the due date under the "unusual circumstances" legal standard required to establish waiver in  construction contract default termination appeals)

Job Options, Inc., ASBCA No. 56698 (May 20, 2010) (Government did not meet burden of proof for establishing propriety of deductions it took for allegedly deficient contract work)

Yonir Technologies Inc., ASBCA No. 56736 (Apr. 7, 2010) (upholds default termination based on failure of first article testing)

Weis Builders, inc., ASBCA No. 56306 (Feb. 17, 2010) (denies cross motions for summary judgment; standards for interpretation and enforcement of liquidated damages provision)

ZIOS Corp., ASBCA No. 56626 (Jan. 5, 2010) (upholds default termination)

R. L. Bates General Contractor Paving & Assocs., ASBCA No. 53641 (2009) (improper government prompt payment discount deductions from invoices)

AEON Group, LLC, ASBCA Nos. 56142, 56251 (Sep. 24, 2009) (denies motions for summary judgment re propriety of default termination and subsequent government claim for return of performance based payments because there is a material issue of fact with regard to the propriety of the termination)

American Turbo Systems, Inc. ASBCA No. 55906 (Sep. 24, 2009) (upholds default termination based on failure of first article unit to meet contract weight requirements)

Commwise, Inc. Joseph Wetzel d/b/a Avetel, ASBCA No. 56580 (Aug. 13, 2009) (grants Government's motion for summary judgment upholding its termination of purchase order for contractor's failure to deliver conforming supplies on schedule)

Mil-Spec Industries Corp., ASBCA No. 56070 (Aug. 6, 2009) (upholds default termination; contra proferentem is inapplicable if both parties agree on a particular interpretation)

Chum Hooper T/A Eye4Sports, ASBCA No. 56755 (July 24, 2009) (summary judgment for Government; violation of concession contract was material breach which entitled Government to terminate immediately for default) 

FitNet International Corp., ASBCA No. 56605 (July 23, 2009) (denies Government's motion to dismiss; Contracting Officer's decision on contractor's claims effectively was a reconsideration of earlier default termination decision)

Recon Optical, ASBCA No. 56289 (July 16, 2009) (denies contractor's motion for reconsideration of findings of two issues of material fact in prior denial of its motion for summary judgment in default termination appeal )

Pinnacle Armor, Inc., ASBCA No 55831 (July 16, 2009) (upholds termination of delivery order for cause; failure to complete delivery on time; failure to obtain industry standard compliance letter showing successful completion of required testing program)

American Renovation and Construction Co., ASBCA Nos. 53723, 54038 (June 30, 2009) (overturns Government's revocation of final acceptance (and default termination) because the revocation was not made within a reasonable time; termination of another contractor was proper because, even though Contracting Officer received 'marching orders' to terminate, she exercised careful discretion and patience before doing so)

Jurass Co., ASBCA No. 51527 (June 25, 2009) (upholds default termination for failure to provide fuel in accordance with contract specifications and failure to cure default)

New Era Contract Sales, Inc., ASBCA No. 56204 (Apr. 23, 2009) (default termination; excuses)

Keystone Capital Services, ASBCA No. 56565 (Apr. 20, 2009) (grants Government's summary judgment motion and upholds termination for default for failure to deliver on contract for machine guns)

Trace, Inc., ASBCA No. 56594 (Apr. 15, 2009) (sustains contractor's appeal that Government deducted amounts based on Contractor Deficiency Reports that were issued inappropriately)

Free & Ben, Inc., ASBCA No. 56129 (Apr. 14, 2009) (termination for default; denies cross motions for summary judgment; Government's duty to cooperate with contractor in its performance; appeal of Contracting Officer's failure to issue decision on claim)

Free & Ben, Inc., ASBCA No. 56129 (Dec. 22, 2009) (denies contractor's request for  reconsideration of summary judgment motion alleging Government breached its duty to cooperate)

Lasmer Industries, Inc.,  ASBCA No. 56411 (Apr. 1, 2009) (rescission of government claim)

Recon Optical, Inc., ASBCA No. 56289 (Mar. 20, 2009) ("Default" clause issues; whether cure notice covered the reasons for which the contractor was eventually terminated; termination for failure to deliver which was issued prior to specified delivery date cannot be sustained)

RO.VI.B. Srl, ASBCA No. 56198 (2008) (Fulford doctrine; appeal from excess reprocurement cost assessment saves contractor from late appeal from default termination; contractor's statement that it was appealing from "decisions" of stated date is sufficient to appeal from two, separate decisions, even though it did not further identify them and even though one of them did not include the appeal rights language of FAR 33.211)

ALKAI Consultants, LLC, ASBCA No. 55581 (2008) (converts default termination to termination for convenience; excusable delays; Government's failure to cooperate with contractor; Government's order to contractor to demobilize based on Government's misunderstanding of completion date)

DLT Solutions, Inc., ASBCA Nos. 54812, 55362 (2008) (Severin doctrine does not bar claim by contractor in a situation where there was a bank (financing institution) whose assignment of payments was recognized by the Contracting Officer; no board jurisdiction over tort claims of misrepresentation and deceitful inducement; Government breached "non-substitution" clause which prohibited it from replacing the contractor equipment with functionally equivalent equipment for a period of one year after termination; lack of evidence of bad faith termination)

Vantage Assocs., ASBCA No. 55647 (2008) (contractor's failure to deliver on purchase order by revised delivery date justifies cancellation without costs despite contractor's allegation that notices it allegedly sent stating it could not perform on time were forgeries)

Comptech Corp., ASBCA No. 55526 (2008) (Government's cancellation of unilateral purchase orders was proper where contractor failed to deliver conforming supplies with required time and Government properly rejected contractor's request for waiver of material purchase order requirements)

Bath Iron Works Corp., ASBCA No. 54544 (2008) (costs of inspection and correction of corroded pipe are the responsibility of the contractor because the corrosion of such piping was due to the contractor's nonconforming workmanship under the defective/nonconforming workmanship exclusion to the contract's Insurance clause)

DCX-CHOL Enterprises, ASBCA No. 54707 (2008) (rejection of nonconforming supplies; propriety of no-cost cancellation of delivery orders)

Kostmayer Construction, LLC, ASBCA No. 55053 (2008) (improper termination for failure to make progress; adequate response to cure letter)

William Thomas Elam, ASBCA No. 55521 (2008)(Government's right to recover amounts it paid in excess of contractor's actual living expenses; detrimental reliance; estoppel; no board jurisdiction over claims based on "humanitarian" grounds)

Fox Construction Inc., ASBCA Nos. 55265, 55266, 55267 (2008) (construction contract; government damages for defects in contractor's performance; delay claim; "loss of production" theory of recovery)

PRIDE Industries, ASBCA No. 55771 (2007) (propriety of Government's deductions for performance failures)

Shubhada Industries, Inc., ASBCA No. 54016 (2007) (default termination; excuses; impossibility; abuse of contracting officer's discretion to terminate)

Zulco Int'l, Inc., ASBCA No. 55441 (2007) (default termination; first article testing; failure of contractor to object to a late award)

FFR-Bauelemente + Bausanierung, GmbH, ASBCA Nos. 52152, et. al (2007) (default termination; excess reprocurement costs)

Advance Constr. Services, Inc. ASBCA No.  55232 (2007) (default termination)

All-State Construction, Inc., ASBCA No.  50586 (2007) (default termination; motion for recon. denied)

Demusz Mfg. Co., Inc., ASBCA No. 55311 (2006) (termination for default)

Chem-Care Co., ASBCA 53614 (2006) (liquidated damages and excessive inspections)

B&B Devices, Inc., ASBCA No. 55052 (2006) (termination for default)

General Injectables & Vaccines, Inc., ASBCA No. 54930 (2006) (termination for default)

ACR Machine, Inc., ASBCA No. 54734 (2006) (termination for default)

Spectrum Healthcare Services, Inc., ASBCA No. 55120 (2006) (termination of order for cause)

Whitesell-Green, Inc., ASBCA Nos. 53938 (2006) (liquidated damages; delay damages)

All-State Constr., Inc., ASBCA No. 50586 (2006) (default termination--on remand from Fed. Cir.)

B. W. Farrell, Inc., ASBCA No. 53311 (2006) (differing site conditions; liquidated damages)

Range Technology Corp., ASBCA Nos. 51943 et al (2006) (default termination; advance payment)

Technocratica, ASBCA Nos. 47792 et al (2006) (termination for default; delays in access to worksite)

Alameda Reuse and Redevelopment Authority, ASBCA No. 54684 (2006) (government claims)

 

 

Convenience Terminations

Deas Construction, Inc., ASBCA No. 60633 (Dec. 13, 2016) (read as a whole, contract required contractor to fabricate and provide fully functional ISO Stand and Government had not withheld superior knowledge that contractor's price was too low; after convenience termination, Government correctly determined that contractor had performed only 10% of work and, therefore, was entitled to that percentage of contract price)

Missouri Department of Social Services, ASBCA No. 59191 (Nov. 15, 2016) (under FAR 52.249-2(l) contractor entitled to equitable adjustment for increased costs of remaining work caused by Government's partial termination for convenience of requirements contract)

Puget Sound Environmental Corp., ASBCA No. 58828 (July 12, 2016) (Government did not act in bad faith in terminating purchase order and declining to exercise additional options after DOL made preliminary determination contractor failed to pay wages in accordance with Service Contract Act)

Rhodes Research, ASBCA No. 59414 (June 7, 2016) (despite scant documentation submitted by contractor to support termination settlement proposal, Contracting Officer fairly determined percentage of completion pursuant to FAR  52.212-4), contractor's motion for reconsideration denied

Rex Systems Inc., ASBCA No. 59624 (Apr. 16, 2016) (determination of recoverable convenience termination costs under  FAR 52.213-4(f), the termination clause for simplified acquisitions for other than commercial items)

ASFA Construction Industry and Trade, Inc., ASBCA No. 57269 (July 8, 2015) (constructive termination for convenience of implied-in-fact contract)

Dellew Corp., ASBCA No. 58538 (May 1, 2015) (FAR 52.212-4(1) governs a contractor's right of recovery when a commercial items contract is terminated by the government for convenience and that this right is not expanded by DFARS 252.232-7007)

DODS, Inc., ASBCA No. 59510 (Mar. 12,2015) (analysis of elements of convenience termination proposal: work-in-progress, G&A, profit on loss contract, and settlements expenses)

Environmental Safety Consultants, Inc., ASBCA No. 58343 (Mar. 2, 2015) (contractor's price-based convenience termination settlement claim failed for lack of proof because contractor did not maintain a job cost ledger, provided gross payroll records that did not identify the job on which the employee was being paid, and provided copies of checks payable to a subcontractor and vendors that for the most part were unsupported by invoices), motion for reconsideration denied

T.I.F, LLC, ASBCA No. 59303 (Dec. 11, 2014) (contractor failed to prove it was forced to sign bilateral modification (providing amount owed contractor after termination for convenience) under duress)

SWR, Inc., ASBCA No. 56708 (Dec. 4, 2014) (denies bulk of convenience termination claim based on contract termination shortly after award due to lack of proof)

Lasmer Industries, Inc., ASBCA Nos. 56946, 56966 (Jan. 20, 2011) (Government's issuance of no cost termination "because of the impossible specification" provided all relief originally requested by contractor, so appeal dismissed over contractor's objection)

Sybion Ozdil Joint Venture, ASBCA No. 56713 (Jan. 25, 2010) (whether calculation of amount owed for extra work on contract terminated for convenience should be at cost under "Changes" clause or pursuant to specification establishing unit price for work; interest issues)

Red River Holdings, LLC, ASBCA No. 56316 (Nov. 4, 2009) (denies various claims submitted after constructive termination for convenience because they were not cognizable under FAR 52.212-4(l), the commercial items "Termination for Convenience" clause)

Wackenhut Services, Inc., ASBCA No. 55691 (2008)("Option to Extend Term" clause versus "Option to Extend Services" clause; contract interpretation; deductive change or partial termination for convenience)

Individual Development Assocs., ASBCA No. 55174 (2007) (net credit to Government on convenience termination settlement)

The Swanson Group, Inc. ASBCA No. 54863 (2007) (timeliness of termination settlement proposal)

Individual Development. Assocs., Inc., ASBCA Nos. 55174, 55188 (2006) (termination claim)

 

Inspection

 

M. L. Energia, Inc., ASBCA No. 55947 (July 24, 2012) (Government entitled to equitably reduce contract price under "Inspection" clause because contractor failed to perform all required work); on reconsideration, case is remanded to parties to negotiate quantum

Laser Manufacturing, Inc., ASBCA Nos. 55436, 55437 (Feb. 19, 2010) (interpretation of inspection and acceptance criteria)

Clark Construction Co., ASBCA No. 53914 (Jan. 5, 2010) (no improper delays or errors in Government's review and rejection of submittals)

Yardney Technical Products, Inc., ASBCA No. 53866 (Oct. 1, 2009) (first article inspection; standards for inspection and rejection; performance of pre-existing duty is not consideration for a purported change)

Chem-Care Co., ASBCA 53614 (2006) (Liquidated damages and excessive inspections)

M. A. Mortenson Co., ASBCA Nos. 53647 et al (2006) (sponsored subcontractor claim for excessive inspection)

Mitchell Enterprises, Inc., ASBCA Nos. 53202 et al (2006) (cost of correcting punch list items)

 

Quantum; Measure and Elements of Damages; Payment

Optimum Services, Inc. ASBCA No. 59952 (Sep. 6, 2016) (Board employs Measured Mile Method to determine quantum for differing site condition on dredging contract)

Monica Walker, ASBCA No. 60436 (July 27, 2016) (proof required for various claimed damages done to rental property by lessee)

BAE Systems San Francisco Ship Repair, ASBCA No. 58809 (Jan 11, 2016) (neither Government estimate nor what similar work had cost other contractors would adequately compensate contractor for its costs of performing extra work directed by Government; contractor had accounting system adequate to capture its costs for the extra work; contractor not obligated to suspend work on original contract items until it received written, unilateral order from Contracting Officer directing it to perform changed work; contractor's hourly rate for change not limited by clause stating rate to be utilized in "negotiating" changes because there were no such negotiations; contract did not prohibit contractor from recovering overtime for changed work; DCAA audit report, while evidence, is not dispositive on issue of quantum--that responsibility remains with the Board)

International Automotriz, ASBCA No. 59665 (Nov. 16, 2015) (denies contractor's claim because Government already had compensated contractor for all recoverable costs that had been proven  for damage to leased vehicles )

Art Anderson Assocs., ASBCA Nos. 60034, 35 (Nov. 4, 2015) (quantum of allowable convenience termination costs in numerous categories)

Pros Cleaners, ASBCA No. 59797 (Oct. 20, 2015) (awards contractor its post termination costs of attempting to settle quantum after convenience termination of commercial items contract)

Raytheon Missile Systems Co., ASBCA No. 59258 (Sep. 3, 2015) (determination of quantum after prior entitlement decision concerning increased jet fuel costs)

Jaynes Corp., ASBCA No. 59234 (May 19, 2015) (determination of recoverable costs associated with Government's improper rejection of pipe to be used in fire sprinkler system)

Alliance Roofing & Sheet Metal, Inc., ASBCA No. 59663 (May 4, 2015) (contractor failed to prove amount of alleged damages it suffered as a result of government directive to provide warranty beyond that required by specifications), motion for reconsideration denied

Seven Seas Shipchandlers, LLC, ASBCA Nos. 57875, et al. (Mar. 4, 2015) (Government liable to pay contractor because made payment to person who forged a signature, without following proper procedures for verifying his identity)

TriRAD Technologies Inc., ASBCA No. 58855 (Feb. 23, 2015) (determination of amount due contractor pursuant to each prong ("percentage of work performed" and "reasonable charges resulting from the termination") of FAR 52.212-4(1) under commercial items contract after original default termination was converted to convenience termination)

ADT Construction Group, Inc., ASBCA No. 57322 (Feb. 12, 2015) (collateral estoppel precludes appellant from relitigating the existence of a causal nexus between the government-caused preconstruction delays and its trade subcontract cost escalation damages)

EJB Facilities Services, ASBCA No. 57112 (Jan. 22, 2015) (rejects contractor's use of total cost method because contractor failed to establish impracticability of measuring losses directly and failed to establish reasonableness of original bid by rebutting Government expert's allegations regarding mistakes in bid)

Job Options, Inc., ASBCA No. 59314 (Nov. 5, 2014) (calculation of equitable adjustment for increased labor costs associated with the storage of additional goods under a contract  to provide inventory management, shelf stocking, and janitorial services)

Magwood Services, Inc., ASBCA No. 59293 (Sep. 16, 2014) (analysis of various areas of claimed costs in convenience termination settlement proposal)

Bruce E. Zoeller, ASBCA No. 56578 (June 11, 2014) (determination of quantum owed contractor for IBF seed crop), contractor's motion for reconsideration denied

RLB Contracting, Inc., ASBCA No. 57638 (Jan. 3, 2014) (Board uses jury verdict method, rather than total cost approach, to determine quantum of excess costs resulting from required movement of excavation pit from the location the contractor had anticipated), contractor's motion for reconsideration denied

Joe Phillips, ASBCA No. 57280 (Mar. 19, 2013) (measure of damages, in particular lost profit, for Government's breach (by diversion) of requirements contract; jury verdict method; reduces 79% profit rate sought by contractor to 30%), motion for reconsideration denied

Tiger Enterprises, Inc., ASBCA No. 57733 (Mar. 20, 2013) (denies appeal because Government paid contract amounts to bank under valid assignment)

South Carolina Public Service Authority, ASBCA No. 57826 (Feb. 14, 2013) (contractor entitled to indemnification from Government for amount found due by jury in separate action on claims against it for flooding by third party landowners plus CDA interest from the time it submitted indemnification claim to Government) TMS Envirocon, Inc., ASBCA No. 57286 (June 18, 2012) (dismisses most claims for failure to comply with CDA's six-year statute of limitations; denies claim for REA preparation costs because prepared in anticipation of litigation, not negotiations, and unreasonable in amount compared to cost of claims)

Muhtesem Co., ASBCA No. 57538 (Feb. 7, 2012) (grants motion to dismiss (for lack of jurisdiction) the following elements of damages claimed to result from Government's late final payment under contract: interest on borrowing; loss of reputation; and loss of anticipatory profits on other business opportunities)

Raytheon Co., ASBCA No. 54907 (Oct. 31, 2011) (on remand from Federal Circuit, Board holds contractor owes interest on principal due Government for CAS 413 noncompliance until date interest is paid rather than only to date principal is paid as maintained by contractor)

Maggie's Landscaping, Inc., ASBCA No. 56748 (September 30, 2011) (corrects determination of quantum of costs associated with increased number of mowers and mowing time as a result of contractor's request for reconsideration) 

Maggie's Landscaping, Inc., ASBCA No. 56748 (July 22, 2011) (determination of quantum for both contractor's and government's mowing and landscaping claims)

Southwest Marine Inc., ASBCA No. 54550 (June 16, 2011) (quantum due Navy as a result of debt concessions by creditors after confirmation of Chapter 11 reorganization plan of company in bankruptcy), subsequently affirmed on reconsideration.

David J. Needham, ASBCA No. 57133 (Oct. 25, 2010) (elements of costs recoverable under convenience termination proposal of aircraft lease)

ALKAI Consultants, LLC, ASBCA Nos. 56792, 56954 (June 24, 2010) (types of costs recoverable under FAR 52.212-4, i.e., the commercial items "Termination for Convenience" clause)

Whiting-Turner Contracting Co., ASBCA No. 56319 (May 6, 2010) (no right of interest on claims under contract with nonappropriated fund instrumentality)

SUFI Network Services, Inc., ASBCA No. 55306 (Apr. 5, 2010) (revises certain elements of damages calculation after considering contractor's request for reconsideration of prior decision on request for reconsideration)

States Roofing Corp., ASBCA No. 54854 (Mar. 15, 2010) (determination of quantum owed contractor after reversal and remand from Court of Appeals for the Federal Circuit)

Al-Dhiyaa Bureau for General Contracting, ASBCA Nos. 55799, 55789, 55790 (Mar. 10, 2010) (whether government payment was properly made to contractor's authorized representatives)

Sybion Ozdil Joint Venture, ASBCA No. 56713 (Jan. 25, 2010) (whether calculation of amount owed for extra work on contract terminated for convenience should be at cost under "Changes" clause or pursuant to specification establishing unit price for work; interest issues)

States Roofing Corp., ASBCA No. 55504 (Jan. 19, 2010) (cost-proposal preparation costs)

SUFI Network Services, Inc., ASBCA No. 55306 (July 15, 2009) (on reconsideration, more than doubles quantum of contractor's recovery)

Systore Companies, Inc.  d/b/a Advanced Communications Systems, ASBCA No. 52592 (May 18, 2009) (government breach of license agreement; failure of proof of damages, especially lost profit)

States Roofing Corp., ASBCA No. 55508 (May 5, 2009) (quantum issues)

States Roofing Corp., ASBCA No. 55507 (Mar. 4, 2009) (quantum of government claim for deductive change; profit should not be included in deductive change amount on a loss contract; evidence first presented after record of hearing was closed is inadmissible; Government did not meet burden of proof for establishing its estimate of direct labor)

Beyley Construction Group Corp., ASBCA No. 55692 (2008) (quantum meruit; lack of evidence of implied-in-fact contract; incomprehensible cost estimates)

Southwest Marine, Inc., ASBCA No. 54550 (2008) (quantum portion of appeal; scope of government claim)

States Roofing Corp., ASBCA No. 55506 (2008) (quantum decision; costs associated with change and rental crane)

GAP Instrument Corp., ASBCA No. 55041 (2008) (appeal of quantum; lost profits; insufficiency of evidence for use "jury verdict" method)

Total Procurement Service, Inc. ASBCA Nos. 54163, 55821 (2008) (CDA jurisdiction; failure to state a sum certain in claim; failure to prove damages from breach)

Fru-Con Constr. Corp., ASBCA Nos. 55197, 55248 (2007) (contractor and government quantum claims; deductive changes; cost savings; delays)

GAP Instrument Corp., ASBCA No. 55041 (2007) (quantum issues)

Tulsa Mid-West Constr. Co., ASBCA No. 55153 (2007) (construction contract claim quantum; Eichleay)

Advanced Communications Systems, ASBCA No. 52592 (2006) (measure of damages)

Guarino Corp., ASBCA Nos. 55015, 55028 (2006) (interest; measure of equitable adjustment)

Bath Iron Works Corp., ASBCA No. 54544 (2006) (reconsideration; CDA interest; legal fees; other damage issues)

 

Discovery; Evidence; Procedure; Motion Practice; Stay of Appeal; Summary Judgment; Motions for Reconsideration

554 Bloomfield, LLC, ASBCA No. 58819 (Dec. 12, 2016) (denies tardy request to reinstate appeal to Board's docket because contractor offered no excuse for tardiness), contractor's motion for reconsideration denied

Public Warehousing Co., K.S.C., ASBCA No. 58088 (Dec. 8, 2016) (grants government motion to stay appeal (for one year) pending Government's criminal case against contractor in Northern District of Georgia that involves many of same issues and factual allegations)

ABB Enterprise Software, Inc. f/k/a Ventyx, ASBCA No. 60314 (Dec. 5, 2016) (permits Government to amend answer to add affirmative defense of equitable estoppel but allows contractor opportunity to set discovery schedule to have ample opportunity to examine and respond to it)

Public Warehousing Co., K.S.C., ASBCA No. 58088 (Nov. 2016) (grants Government's motion to amend Answer to add affirmative defenses of fraud in the inducement, first material breach, sovereign acts doctrine, political question doctrine, assumption of risk, and failure to mitigate, after finding that Government did not unduly delay seeking to amend and contractor was not prejudiced)

DCX-CHOL Enterprises, Inc., ASBCA No. 58742 (Oct. 11, 2016) (denies contractor's motion for summary judgment to overturn default termination because contractor failed to present evidence that Government waived contract delivery date)

Volmar Construction, Inc., ASBCA No. 60710-910 (Oct. 7, 2016) (order directing Contracting Officer to issue decision on claim)

BAE Systems Tactical Vehicle Systems LP, ASBCA No. (July 25, 2016) (denies Government's motion to stay proceedings on appeal from Government's TINA claim pending resolution of Government's FCA suit on same dispute in District Court)

Kellogg Brown  & Root Services, Inc., ASBCA Nos. 57530, 58161 (July 25, 2016) (denies Government's motion to suspend or dismiss appeals from denial of contractor's claim for certain subcontractor costs for indefinite duration pending FCA suit by Government in District Court), Government's motion for reconsideration denied

GSC Construction, Inc., ASBCA Nos. 59046, 59957 (July 12, 2016) (denies contractor's motion for summary judgment on quantum because contractor's motion lacked proof)

GSC Construction, Inc., ASBCA No. 59046 (June 14, 2016) (denies Government's motion to dismiss for failure to prosecute because contractor had produced documents in response to Board's prior order and only inadvertently had neglected to make some written responses)

Maersk Line, Limited, ASBCA Nos. 59791, 58792 (June 13, 2016) (denies Governments' motion to dismiss for lack of jurisdiction (because claim presented to Board based on same operative facts as claim presented to Contracting Officer) and cross motions for summary judgment (because of disputed material facts and the advisability of hearing extrinsic evidence))

Columbia State Bank (formerly Appeal of Castle-Rose, Inc.), ASBCA No. 59531 (June 9, 2016) (denies contractor's summary judgment motion on all aspects of its claims for constructive change, differing site conditions, delays, and consulting fees due to material issues of fact)

Tokyo Co., ASBCA No. 59906 (May 24, 2016) (dismissal for failure to prosecute after contractor failed to explain its contention that it had been unable to access its yahoo.com email account for five months)

Nexagen Networks, Inc., ASBCA No. 60523-697 (May 5, 2016) (directs Contracting Officer to issue decision)

GSC Construction, Inc. ASBCA No. 59402 (May 5, 2016) (denies Government's motion for summary judgment re propriety of default termination because of material disputed fact concerning whether the contractor and the DOL had settled a dispute over whether the contractor had violated labor laws)

Raytheon Co., ASBCA Nos. 57743, et al., (Mar. 29, 2016) (denies contractor's motion to strike certain testimony at hearing that allegedly conflicted with interrogatory answer because fact that answer was inadvertently incomplete did not merit sanction requested by appellant)

Ahjar Shat Alarab Albidhaa Co., ASBCA No. 59868 (Mar. 24, 2016) (dismissal for failure to prosecute after repeated failures to respond to orders to propose schedule for proceedings)

Suodor Al-Khair Co - SAKCO for General Trading, ASBCA Nos. 59036, 59037 (Mar. 21, 2016) (dismissal for failure to prosecute based on silence in response to order to propose schedule for proceedings)

Supreme Foodservice, GmbH, ASBCA Nos. 57884, et al. (Mar. 17, 2016) (Board has jurisdiction to entertain DLA's claim and affirmative defense that the contract is void ab initio due to fraud in the inducement; Board has jurisdiction to entertain DLA's claim and affirmative defense that contract is void ab initio due to conflict of interest; DLA's affirmative defenses are not claims and, thus, are not subject to contractor's untimeliness (limitations) contentions; DLA's conflict-of-interest claims under 18 U.S.C. §§ 207(a)(l), 207(a)(2), and 208(a) are barred by the CDA's limitations period because DLA knew or should have known of post employment conflict of interest issue at time of contract award; bilateral settlement agreement bars DLA's subsequent fraud in the inducement claims pertaining to affiliated subcontractor, but not its affirmative defenses based on this same ground; genuine issues of fact preclude summary judgment in favor of Government on its affirmative defense of first material breach), Government's motion for partial reconsideration of denial of its motion for summary judgment on issue of first material breach is denied

Al Nawars Co., ASBCA No. 59044 (Jan. 19, 2016) (dismisses appeal for failure to prosecute after numerous failures to respond to correspondence and orders from Board)

Al Nawars Co, ASBCA No. 59043 (Jan. 19, 2016) (dismisses appeal for failure to prosecute after numerous failures to respond to correspondence and orders from Board)

Baghdadi Swords Co., ASBCA No. 59063 (Jan. 8, 2016) (dismissal for failure to prosecute)

AISG, Inc., ASBCA Nos. 58696, 59151 (Sep. 23, 2015) (denies contractor's supplemental motion for summary judgment because record is "virtually devoid of evidence of the SOW and specifications from which [the Board] can determine certain contractual rights and obligations of the parties" related to the motion)

Kuwait Leaders General Trading, ASBCA No. 58213 (Sep. 21, 2015) (dismisses appeal for failure to prosecute after appellant failed to designate representative to prosecute appeal despite Board's orders)

Jeffrey C. Stone, Inc., d.b.a. Summit Builders, ASBCA No. 58372 (Sep. 17, 2015) (denies contractor's requests for sanctions based on the Government's repeated delays in discovery and in responding to Board's orders because Government's actions were not "contumacious or contemptuous to the extent that a default judgment is warranted")

Vertex Construction & Engineering, ASBCA Nos. 58989, et al. (Aug. 27, 2015)  (dismisses appeals for failure to prosecute after appellant's repeated failures to comply with Board's orders) 

Herai Alpha Construction Consultancy and Engineering Company, ASBCA Nos. 59386, 59774 (Aug. 17, 2015) (denies contractor's motion for summary judgment re alleged impropriety of default termination because of disputed material issues of fact)

Highland Al Hujaz Co. Ltd., ASBCA Nos. 59746, 59818 (July 13, 2015) (directs Government to file complaint on its claims for excess reprocurement costs and amounts allegedly overpaid to contractor)

KKOT Assocs., LLC (ASBCA No. 59898 (July 8, 2015) (dismisses appeal for failure to prosecute after appellant ignored order to file complaint)

Enola Contracting Services, Inc., ASBCA No. 59526 (July 8, 2015) (Government's pleading contains sufficient information to establish cause of action against contractor for terminated task orders)

ESCgov, Inc., ASBCA No. 58852 (June 16, 2015) (denies government motion for summary judgment as to contractor's claims for software procurement costs and intellectual property costs in part because of disputed issues as to which of two termination for convenience clauses in contract is applicable)

The Ryan Co., ASBCA No. 58137 (May 27, 2015) (denies Government's motion for summary judgment on CDA's six-year limitations period because: (i) after the CAFC's decision in Sikorsky, such motions involve affirmative defenses which should normally be heard after discovery; and (ii) because there are disputed questions of fact concerning when contractor had reason to know of claims for purposes of claim accrual)

Raytheon Co., ASBCA No. 58849  (May 27, 2015) (denies contractor's motion for summary judgment on CDA's six-year limitations period because: (i) after the CAFC's decision in Sikorsky, such motions involve affirmative defenses which should normally be heard after discovery; and (ii) because there are disputed questions of fact concerning when the Government had reason to know of claims for purposes of claim accrual)

Engineering Solutions & Products, LLC, ASBCA No. 58633 (May 13, 2015) (denies cross motions for summary judgment concerning existence and scope of alleged agreement because of disputed issues of fact)

Phoenix Management, Inc., ASBCA No. 59273 (Apr. 8, 2015) (denies Government's motion for summary judgment because of many open questions of fact)

Watts-Granite, A Joint Venture, ASBCA No. 59878-961 (Mar. 26, 2015) (Board directs Contracting Officer to issue decision)

Laguna Construction Co., Inc., No. 59108 (Mar. 17, 2015) (denies cross motions for summary judgment because of disputed material issues of fact)

Carro & Carro Enterprises, Inc., ASBCA No. 59485 (2015) (denies contractor's motion for board order directing Government to file complaint because appeal involves claim by contractor for percentage of progress payments retained by Government and contractor has sufficient information concerning basis of withholding to file complaint)

ECC International LLC, ASBCA No. 58856 (Feb. 20, 2015) (denies cross motions for summary judgment because of disputed questions of fact regarding prior course of dealing and waiver issues)

Kellogg Brown & Root Services, Inc. ASBCA No. 59557 (Jan. 22, 2015) (directs Government to file complaint on government claim because Contracting Officer's decision did not contain sufficient information on basis for claim for contractor to file complaint)

Shubhada Industries, ASBCA No. 58173 (Jan. 20, 2015) (dismisses appeal for failure to prosecute)

Advanced Technology International d/b/a SCRA Applied R&D, ASBCA No. 59698-952 (Jan. 7, 2015) (Board orders Contracting Officer to issue decision)

Delfasco, LLC, ASBCA No. 59153 (Jan. 5, 2015) (denies Government's motion for summary judgment because there is at least one material issue of disputed fact)

BAE Systems Land & Armaments, Inc., ASBCA No. 59374 (Nov. 18, 2014) (directs Government to file complaint on its defective pricing claim)

Aegis Defence Services Ltd., ASBCA No. 59082 (Nov. 14, 2014) (issue of fact concerning meaning of contract's right of first refusal precludes summary judgment)

IAP Worldwide Services, Inc., ASBCA No. 59610-949 (Nov. 13, 2014) (order directing Contracting Officer to issue decision on claim)

Environmental Safety Consultants, Inc., ASBCA No. 58343 (Oct. 23, 2014) (imposes evidentiary sanctions as remedy for contractor's failure to comply with Board's discovery order)

Capy Machine Shop, Inc., ASBCA No. 59085 (Oct. 22,2014) (denies government motion for summary judgment because it had not established contractor anticipatorily repudiated contract)

ZAAZTC Co., ASBCA No. 59194 (Oct. 9, 2014) (dismisses appeal for failure to prosecute after contractor failed to respond to Board order)

Jaynes Corp., ASBCA No. 59453-947 (Sep. 3, 2014) (arguments over when Contracting Officer should be required to issue decision)

Lael Al Sahab & Co., ASBCA No. 58346 (Sep. 2, 2014) (denies government motion to dismiss because contractor's representative had submitted satisfactory evidence that he is officer of company)

GSC Construction, Inc., ASBCA No. 59046 (Sep. 2, 2014) (denies government motion for summary judgment)

Environmental Safety Consultants, Inc., ASBCA No. 58343 (Sep. 2, 2014) (denies contractor's motion for judge and presiding panel to recuse themselves)

MIC/CCS Joint Venture, ASBCA No. 58023 (July 22, 2014) (denies contractor's motion for summary judgment because of unresolved questions of fact and law)

BAE Systems San Francisco Ship Repair, ASBCA No. 58810 (July 15, 2014) (contractor not entitled to summary judgment as to allowability of disputed costs simply because DCAA audit took no exception to claimed costs)

So-Co Piedmont, J.V., LLC, ASBCA No. 59318-946 (July 11, 2014) (denies contractor's request for board order directing Contracting Officer to issue a decision on complex claim in advance of date established by Contracting Officer)

Al Barih for General Contracting Ltd., ASBCA Nos. 57148, et al. (July 7, 2014) (dismisses appeals for failure to prosecute--financial hardship in locating attorney is not adequate excuse), affirmed on reconsideration 

Automotive Management Services, ASBCA No. 58352 (June 26, 2014) (denies cross motions for summary judgment because of multiple open fact issues)

Caddell Constr. Co., ASBCA No. 57831 (June 19, 2014) (denies government motion for summary judgment because of disputed material facts)

BAE Systems San Francisco Ship Repair, ASBCA No. 58809 (June 19, 2014) (DCAA audit report approval of disputed costs is not dispositive; it is Contracting Officer's role to make final determination)

Tele-Consultants, Inc., ASBCA No. 58129 (June 9, 2014) (denies contractor's motion to dismiss appeal without prejudice under Rule 30 so that it could seek relief from Congress because it lacked resources to pursue appeal)

MIC/CCS, Joint Venture, ASBCA No. 58242 (May 14, 2014) (denies contractor's motion for summary judgment because factual issues remain as to propriety of default termination of delivery order)

Beechcraft Defense Co., ASBCA No. 59173 (Apr. 24, 2014) (grants contractor's request to require Government to file complaint in case involving government allegations of CAS 402 noncompliance by contractor)

Lobar, Inc., ASBCA No. 59178 (Apr. 18, 2014) (Board stays proceedings on appeal of deemed denial of claim to allow Contracting Officer time to issue decision as a means to facilitate potential settlement of claim)

Public Warehousing Co., K.S.C., ASBCA No. 58078 (Apr. 10, 2014) (dismisses appeal without prejudice pursuant to Rule 30 due to pending criminal case in district court with overlapping issues)

Eyak Services, LLC, ASBCA Nos. 58556, 58557 (Apr. 1, 2014) (denies cross motions for summary judgment on government claims for return of alleged overpayments to contractor because of open issues of fact)

Eyak Technology, LLC, ASBCA Nos. 58552, et al. (Apr. 1, 2014) (denies cross motions for summary judgment on government claims for return of alleged overpayments to contractor because of open issues of fact)

HTA Aviation, LLC, ASBCA Nos. 57891, et al. (Mar. 27, 2014) (denies Government's motions for partial summary judgment on contractor's claims for aircraft-repair work because of material issues of fact concerning the manner in which the Government administered the contract, the authority of various government employees with regard to authorizing repair work, and the course of dealing between the parties concerning how certain types of repair work were to be accomplished and paid for)

Mylene Will Company LLC, ASBCA No. 58332 (Mar. 18, 2014) (dismisses appeal for failure to prosecute)

Advanced Technology Logistics, Inc., ASBCA No. 58665 (Mar. 11, 2014) (dismisses appeal for failure to prosecute)

Thorpe Seeop Corp., ASBCA No. 58961 (Feb. 27, 2014) (denies contractor's motion for sanction of default judgment against Government due to its failure to file a timely answer)

Jayco International, LLC, ASBCA No. 58461 (Feb. 12, 2014) (denies government motion for summary judgment because of fact issues over whether contract was modified to allow "or equal" batteries)

Teledyne Brown Engineering, Inc., ASBCA No. 58636 (Jan. 6, 2014) (denies government motion for summary judgment that, because contract was cost-plus-fixed fee, contractor could not possibly have earned full fee because contract's ceiling cost was only approximately half funded)

Bruce E. Zoeller, ASBCA No. 56578 (Dec. 17, 2013) (motion for reconsideration filed 32 minutes past 30-day deadline will not be considered)

The Boeing Co., ASBCA No. 58587 (Dec. 3, 2013) (refuses to dismiss claims related to several contracts because Government misidentified one contract number; allows Government to correct the number in the record)

Teddy's Cool Treats, ASBCA No. 58384 (Dec. 3, 2013) (denies Government's motion for summary judgment concerning default termination of concession contract because of disputed factual issues concerning (i) the extent to which contractor had made improper sexual comments and actions and (ii) whether contractor's actions had brought discredit on agency)

Laguna Construction Co., ASBCA No. 58324 (Nov. 22, 2013) (grants Government's motion to amend its answer to include affirmative defense of fraud after contractor's vice president pleaded guilty to soliciting and receiving kickbacks from subcontractors involved in a number of contracts, including the one involved in the current appeal)

SERDI, LLC, ASBCA No. 58507 (Oct. 29, 2013) (disputed material issues of fact as to whether Government failed to cooperate with contractor and delayed commencement of the work preclude summary judgment for Government)

Newhall Telecom, LLC, ASBCA No. 57438 (Aug. 15, 2013) (grants government motion to dismiss for failure to prosecute)

Alderman Building Co., ASBCA No. 58082 (Aug. 8, 2013) (denies majority of cross motions for summary judgment, including those regarding alleged release of claims, because of disputed issues of fact)

Bruce E. Zoeller, ASBCA No. 56578 (June 27, 2013) (grants Government's motion for summary judgment as to contractor's claims of superior knowledge and bad faith in lease cancellation)

Government Technical Services, LLC, ASBCA No. 57744 (June 21, 2013) (grant's pro se appellant's motion to dismiss without prejudice (for 12 months) under Rule 30 due to pending criminal matter in another court; dismissal becomes with prejudice unless either party moves to reinstate within 12 months)

Ensign-Bickford Aerospace & Defense Co., ASBCA No. 57929 (May 23, 2013) (denies government motion for dispositive sanction of adverse inference against contractor for discarding evidence (tested items) primarily because Government has not been prejudiced since other evidence is available on the issue in question)

Laguna Construction Co., ASBCA No. 58292 (May 13, 2013) (grants Government's motion to stay pending outcome of related criminal proceedings)

The Public Warehousing Co., ASBCA No. 57510 (May 13, 2013) (denies contractor's motion for summary judgment because its interpretations of the the contract provisions are inconsistent with the provisions and intent of a relevant contract modification)

Tri-County Contractors, Inc., ASBCA No. 58167 (May 6, 2013) (denies Government's motion for summary judgment because of material issues of fact whether contractor's signature of general release in connection with final invoice was intended to release two previously-submitted claims)

Pratt & Whitney Rocketdyne, Inc., ASBCA No. 58307 (Mar. 4, 2013) (refuses to dismiss proceedings, but suspends them to permit consolidation with closely related dispute that has only reached the REA submission stage)

Kellogg Brown & Root Services, Inc., ASBCA No.57530, 58161 (Feb. 20, 2013) (dismisses appeals without prejudice under ASBCA Rule 30 because of False Claims Act litigation in federal district court covering same claims), contractor's motion for reconsideration denied.

Macro-Z-Technology, ASBCA No. 56711 (Jan. 29, 2013) (denies cross motions for summary judgment involving validity of nonstandard "Order of Precedence" clause) The Public Warehousing Co., ASBCA No. 56022 (Dec. 3, 2012) (rulings on various discovery motions in case where there are concurrent district court civil and criminal fraud proceedings concerning same contractor and same contract, although distinct issues)

BYA International LLC, ASBCA No. 57608 (Nov. 29, 2012) (denies motion for summary judgment; whether forbearance period preceding default termination was reasonable is question of fact)

Hanley Industries, Inc., ASBCA No. 56584 (Nov. 29, 2012) (denies Government's motion for summary judgment upholding default termination because of disputed issues of fact)

Seven Seas Shipchandlers, LLC, ASBCA Nos. 57875, et al. (Nov. 26, 2012) (denies motion for summary judgment on issue whether individual had apparent authority to receive payments on behalf of contractor because of disputed material facts); motion for reconsideration subsequently denied

Kevin Anderson, ASBCA No. 57738 (July 18, 2012) (denies motion to strike portions of complaint)

Kellogg Brown & Root Services, Inc., ASBCA No. 56358 (June 22, 2012) (denies Government's motion for reconsideration of prior decision)

Triage Logistics Services Corp., ASBCA No 57790 (June 20, 2012) (denies Government's motion to dismiss because contractor gave Government adequate notice of basis and amount of claim; denies cross motions for summary judgment because of disputed issues of material fact)

TMS Envirocon, Inc., ASBCA No. 57286 (June 19, 2012) (denies government motion that release barred claims; contractor raised genuine issues of fact the Contracting Officer had reason to know contractor did not intend to release claims and that person who signed release did not have authority to do so)

Trace Systems Inc., ASBCA No. 57574 (May 25, 2012) (denies contractor's motion for summary judgment on issue of entitlement to recovery for latent ambiguity because contractor has not proved it relied on its interpretation in bidding)

Martin Edwards & Assocs., ASBCA No. 57718 (May 21, 2012) (denies Government's motion to dismiss or for summary judgment because contractor has raised triable issue of fact whether Government's misrepresentation induced contractor to release claim as part of no-cost termination)

The Boeing Co., ASBCA No. 54853 (May 15, 2012) (denies cross motions for partial summary judgment because there remain triable issues with regard to each; denies motion to strike as premature)

ABB AB, ASBCA No. 57509 (Apr. 12, 2012) (denies cross motions for summary judgment because of material issues of fact concerning claims under "Changes" and "War Risks" provisions)

Kellogg Brown & Root Services, Inc., ASBCA No. 56358 (Apr. 2, 2012) (denies both parties' dispositive motions because, while contract contained no categorical prohibition on the use of armed private security companies, without the express permission of the Theater Commander, to supplement the government force protection where necessary to accomplish the logistical support mission, other material facts remain in dispute)

SplashNote Systems, Inc., ASBCA No. 57403 (Apr. 6, 2012) (denies motion for reconsideration of prior decision disallowing (i) deferred IR&D costs and (ii) large bonus as distribution of profit)

Free & Ben, Inc., ASBCA No. 56129 (Mar. 9, 2012) (denies motion for reconsideration of prior decision)

DTC Engineers & Constructors, LLC, ASBCA No. 57614 (Mar. 9, 2012) (denies Government's motion for partial summary judgment that claim for severe weather delays was precluded by accord and satisfaction in bilateral modifications)

EJB Facilities Services, ASBCA No. 57547 (Mar. 8, 2012) (denies plaintiff's motion for partial summary judgment as moot and denies  Government's motion for summary judgment because of disputed issues of material fact)

EJB Facilities Services, ASBCA No. 57434 (Mar. 7, 2012) (denies cross motions for summary judgment relating to claim for extra work because of disputed issues of material fact)

Zafer Taahhut Insaat ve Ticaret A.S., ASBCA No. 56770 (Feb. 17, 2012) (denies Government's motion to reconsider prior decision denying Government's motion to dismiss and holding contractor had submitted proper CDA claim; claim adequately stated a sum certain)

General Dynamics Ordnance and Tactical Systems, Inc. ASBCA Nos. 56870, 56957 (Feb. 3, 2012) (in case involving unanticipated costs associated with Government's allegedly inadequate estimates concerning ammunition quantities, Government's willful failure to comply with Board's order to turn over documents to contractor during discovery merits sanction of adverse inference that documents, if disclosed, would have shown that there was relevant information available to the Army that it failed to consider when developing the estimates in question for the solicitation documents, thereby causing the estimates to be inadequately or negligently prepared) 

Red Sea Engineers & Constructors, ASBCA No. 57448 (2012) (denies motion for reconsideration of prior decision denying motion for summary judgment)

Ensil International corp., ASBCA Nos. 57297, 57445 (Jan. 30, 2012) (denies cross motions for summary judgment concerning termination for cause because of disputed issues of material fact)

Parsons-UXB, Joint Venture, ASBCA No. 56481 (Jan. 12, 2012) (grants contractor's motion to exclude export report and testimony because nothing in the proffered evidence requires expert testimony)

Joint Venture Makyal Ins. Ve Tic. A.S. & Mehmet Erdal Kamisli Co. Ltd., ASBCA No. 56956 (Dec. 28, 2011) (denies cross motions for summary judgment on delay claim in construction contract because of disputed issues of material fact)

American General Trading & Contracting, WLL, ASBCA No. 56758 (Dec. 13, 2011) (denies cross motions for summary judgment on claim based on negligent estimates; Board lacks jurisdiction over claim based on FAR Part 50 (for extraordinary contractual relief) but has jurisdiction over alternative claim theory of breach of implied-in-fact contract)

The Davis Group, Inc. ASBCA No. 57523 (Dec. 1, 2011) (denies motion for reconsideration of prior decision except for changes to findings of fact that do not change result)

Red Sea Engineers & Constructors, ASBCA No. 57448 (Nov. 9, 2011) (denies summary judgment on appeal from default termination because two of the three alleged bases for complaining of the termination are invalid and the third involves issues of material fact)

American Bridge Co., ASBCA No. 57246 (Nov. 9, 2011) (denies cross motions for summary judgment because of material disputed facts in excavation claim)

Southwest Marine, Inc., ASBCA No. 54550 (Nov. 1, 2011) (denies contractor's motion for reconsideration of prior decision finding Government entitled to recovery of overpayment as a result of debt concessions related to bankruptcy proceeding)

WestWind Technologies, Inc., ASBCA No. 57436 (Oct. 19, 2011) (denies motion for reconsideration because it does not raise any new issues or arguments) 

Cooley Constructors, Inc., ASBCA No. 57404 (Oct. 12, 2011) (denies government motion for summary judgment because there are issues of fact regarding contract interpretation)

Raytheon Missile Systems, ASBCA No. 57594 (Oct. 11, 2011) (denies contracting agency's motion for summary judgment because of material disputed facts over whether that agency's relationship with another government agency resulted in increases in fuel prices for which contractor is seeking recovery under theories of constructive change and breach of the duty of non-interference with contract performance)

Tzell Airtrack Travel Group Corp., ASBCA No. 57313 (Sep. 22, 2011) (denies government motion for summary judgment as to validity of termination for cause because contractor has raised genuine issues of fact concerning material misrepresentations of fact by Government in inducing formation of contract)

General Dynamics Land Systems, Inc., ASBCA No. 57293 (Sep. 21, 2011) (denies contractor's motion for partial summary judgment because record is inadequate to determine whether Advance Agreement in question was within Government's authority to make)

Zafer Taahhut Insaat ve Ticaret A.S., ASBCA No. 56770 (Sep. 11, 2011) (denies government motion to dismiss; contractor's submission to Contractor Officer constitute CDA claim)

CI2, Inc., ASBCA Nos. 56257, 56337 (Aug. 12, 2011) (denies cross motions for summary judgment because disputed facts on both sides), denies contractor's motion for partial reconsideration.

The Boeing Co., ASBCA No. 54853 (July 28, 2011) (denies contractor's motion for summary judgment with regard to Government's affirmative defense that individual authorizing use of an indemnification clause in contract lacked authority to do so; grants contractor's motion with regard to Government's affirmative defense that the contractor had misrepresented whether certain insurance had been obtained)

Free & Ben, Inc., ASBCA No. 56129 (July 18, 2011) (motion for reconsideration sent by email and received after Board's business hours but before midnight on last day for filing was timely)

Parsons-UXB Joint Venture, ASBCA No. 56481 (July 22, 2011) (denies government motion to compel production of documents; waiver of attorney-client privilege)

A. Montano Electrical Contractor, ASBCA No. 56951 (June 23, 2011) (dismisses request for reconsideration of prior decision as untimely filed)

ASFA Construction Industry and Trade, Inc., ASBCA No. 57269 (June 23, 2011) (denies government motion for summary judgment that no implied-in-fact contract existed because further development of the record is needed)

The Public Warehousing Co., ASBCA No. 56022 (June 22, 2011) (denies government motion to dismiss appeal for lack of jurisdiction and grants contractor's motion to amend complaint from theory of unjust enrichment to those of breach and constructive changes because both original and revised complaints involve same operative underlying facts and same requested relief)

Joiner Systems, Inc. ASBCA No. 57097 (June 13, 2011) (rulings on whether various statements in complaint are within scope of appeal or should be stricken)

Cardinal Maintenance Service, Inc. ASBCA No. 56885 (Apr. 8, 2011) (denies motion for reconsideration of decision dismissing appeal as time-barred)

Bruce E. Zoeller, ASBCA No. 56578 (Mar. 23, 2011) (denies motion for reconsideration of prior denial of request for sanctions against the Government)

Kolin Construction, Tourism, Industry, and Trading Co., ASBCA Nos. 56941, 57066 (Mar. 23, 2011) (denies Government's motion for reconsideration of Board's denial of Government's motion for summary judgment)

Smart Power Systems, Inc., ASBCA No. 56473 (Feb. 3, 2011) (denies motion for reconsideration of motion granting Government's motion for summary judgment of propriety of default termination)

Kolin Construction, Tourism, Industry, and Trading Co., ASBCA Nos. 56941, 57066 (Jan. 20, 2011) (denies Government's motion for summary judgment on construction contract delay claims because there are material, disputed facts concerning, inter alia, the interpretation of release language)

AECOM Government Services, Inc., ASBCA No. 56861 (Jan. 14, 2011) (Board refuses to grant relief from prior judgment after period to file motion for reconsideration has expired because the evidence presented in support of the requested relief does not qualify as newly discovered evidence)

Kellogg Brown & Root Services, Inc., ASBCA Nos. 56358, 57151 (Nov. 23, 2010) (denies government motions to stay appeals pending resolution of suit under False Claims Act because (i) insufficient similarity between the actions; (ii) insufficient showing by Government of prejudice to suit from proceeding with board appeals; and (iii) indefinite length of requested stay)

Kellogg Brown & Root Services, Inc., ASBCA No. 56256 (Nov. 23, 2010) (denies government motion for to dismiss for lack of subject matter jurisdiction under CDA; claim for unpaid invoices on contract unilaterally transferred by Corps of Engineers to Interim Iraqi Government and thereafter funded by Development Fund for Iraq funds, which are nonappropriated funds)

Computer Sciences Corp. ASBCA No. 56175 (Nov. 1, 2010) (denies government motion for summary judgment because additional evidence is needed concerning meaning and intent behind various contract provisions and agreements)

American AquaSource, Inc., ASBCA No. 56677 (Oct. 28, 2010) (denies contractor's motion for reconsideration of prior decision denying its motion for summary judgment; issues of waiver, forbearance; and failure to set new delivery date)

United Healthcare Partners, Inc., ASBCA No. 56939 (Oct. 27, 2010) (denies Government's motion motion for reconsideration (of the Board's prior decision denying the Government's request for summary judgment) because (i) the Board did not hold that the solicitation was an RFQ and (ii) under parol evidence rule, instructions to bidders may be used to interpret subsequent contract)

Genome-Communications, ASBCA No. 57267 (Oct. 27, 2010) (factual issues prevent summary judgment on question whether contractor is entitled to payment for providing training materials for instructional seminar and whether materials complied with contract requirements)

American AquaSource, Inc., ASBCA No. 56677 (Sep. 22, 2010) (denies contractor's motion for summary judgment that Government, by delay, waived its right to terminate for default after contractor missed delivery date or, alternatively, failed to provide required cure notice before terminating for reason other than late delivery)

Bruce E. Zoeller, ASBCA No. 55678 (Sep. 20, 2010) (denies contractor's motion for reconsideration of Board's earlier decision on the merits, denying its claims)

Bruce E. Zoeller, ASBCA No. 56578 (Sep. 14, 2010) (denies contractor's motions for sanctions against the Government for failing to produce discovery documents that the Government was unable to locate)

COSTAR III, LLC, ASBCA Nos. 55297, 55298, 55299 (Sep. 13, 2010) (denies motion for reconsideration of earlier decision)

Kaman Precision Products, Inc., ASBCA Nos. 56305, 56313 (Aug. 4, 2010) (denies cross motions for summary judgment)

Al Khudhairy Group, ASBCA Nos. 56131, 56374 (Aug. 5, 2010) (denies motions for summary judgment that default termination was improper and that contractor was entitled to compensation for delays; commercial impracticability; defective specifications; substantial completion)

Contrack International, Inc., ASBCA Nos. 56607, 56609 (Aug. 5, 2010) (denies government motions for summary judgment; contractor claims for interest on delayed government payments of amounts due by reason of settlement agreement)

Job Options, Inc., ASBCA No. 56698 (July 29, 2010) (denies Government's request for reconsideration)

General Dynamics Ordnance and Tactical Systems, Inc., ASBCA Nos. 56870, 56957 (July 26, 2010) (Board finds it has authority to and does order production of certain discovery materials subject to protective order, but stays just its order for 60 days to allow Government to assess its options including possible appeal to Federal Circuit)

Thorington Electrical and Construction Co., ASBCA Nos. 56895, et al. (July 16, 2010) (denies motion by performance and payment bond surety to intervene in appeals because it is not a contractor with respect to the claims involved in the appeals)

The Minesen Co., ASBCA No. 56346 (July 16, 2010) (dismisses appeal because agency's "continuing" failure to cure alleged breach involved in another pending appeal does not create new claim that may be appealed separately)

Guy W. Parker d/b/a Parker International, ASBCA No. 56928 (July 14, 2010) (denies motion for reconsideration of earlier decision)

Corners and Edges, Inc., ASBCA No. 55619 (July 14, 2010) (dismisses claim as barred by res judicata and collateral estoppel because it was decided in earlier board opinion)

Kaman Precision Products, Inc., formerly dba Kaman Dayron, Inc., ASBCA Nos. 56305, 56313, 56947 (July 9, 2010) (refuses to stay most elements of appeal from default termination for pending District Court False Claims Act case on related issues)

American Renovation and Construction Co., ASBCA No. 53723 (June 16, 2010) (denies motion for reconsideration of decision on contractor's defective specification claims and Government's revocation of acceptance issues)

Al-Dhiyaa Bureau for General Contracting, et al., ASBCA Nos. 55788 et al. (June 16, 2010) (denies motion for reconsideration)

Zios Corp., ASBCA No. 56626 (June 1, 2010) (denies motion for mistrial based on alleged government tampering with hearing transcript and Rule 4 file)

DCX-CHOL Enterprises, ASBCA Nos. 56187, 56188, 56189 (May 24, 2010) (denies cross motions for summary judgment on propriety of default terminations)

Inchcape Shipping Services, ASBCA Nos. 57152 - 57160 (May 6, 2010) (denies government motion to remove set of nine appeals from the Rule 12.3 accelerated docket because the choice to use accelerated procedures under the CDA is the contractor's)

SUFI Network Services, Inc., ASBCA No. 55306 (Apr. 5, 2010) (revises certain elements of damages calculation after considering contractor's request for reconsideration)

Ingenium Corp., ASBCA No. 56764 (Mar. 15, 2010) (denies Government's motion for summary judgment on default termination appeal)

Palm Springs General Trading and Contracting Establishment, ASBCA Nos. 56290, 56291, 56890 (Mar. 17 2010) (Board dismisses appeals without prejudice due to parallel False Claims proceedings in district court)

Skanska US Building, Inc., ASBCA No. 56339 (Mar. 10, 2010) (contract interpretation; denies cross motions for summary judgment)

Weis Builders, inc., ASBCA No. 56306 (Feb. 17, 2010) (denies cross motions for summary judgment; standards for interpretation and enforcement of liquidated damages provision)

UniTech Services Group, Inc., ASBCA No. 56482 (Jan. 22, 2010) (denies government motion for judgment on the pleadings--contractor claims Government's refusal to extend last in a series of laundry contracts under which plaintiff had been providing services for 35 years was breach (or termination for convenience) of implied-in-fact requirements contract)

Free & Ben, Inc., ASBCA No. 56129 (Jan. 22, 2010) (denies motion to reconsider denial of first motion for reconsideration of denial of motion for summary judgment)

Unconventional Concepts, Inc., ASBCA Nos. 56065, et al. (Dec. 28, 2009) (disposition of various contractor requests for summary judgment; lack of Contracting Officer's decision on government claims)

Free & Ben, Inc., ASBCA No. 56129 (Dec. 22, 2009) (denies contractor's request for reconsideration of summary judgment motion alleging Government breached its duty to cooperate)

Bruce E. Zollar, ASBCA No. 56578 (2009)(grants government motions for partial summary judgment due to res judicata)

Corners and Edges, Inc., ASBCA Nos. 55611 et al. (2009) (denies various contractor motions for recusal, rehearing, and reconsideration)

SUFI Network Services, Inc., ASBCA No. 55306 (2009) (denies most claims on second motion for reconsideration, but does grant additional relief in two areas)

Ashbritt, Inc., ASBCA Nos. 56145, 56250 (Oct. 28, 2009) (denies contractor's motion for summary judgment and its motion to shift burden of proof to the Government)

Hamilton Acquisition Corp. t/a Stallings Group, ASBCA Nos. 55901, 56321 (Oct. 26, 2009) (denies cross motions to dismiss and all motions for summary judgment by both parties)

AshBritt, Inc. ASBCA No. 56826 (Sep. 28, 2009) (denies contractor's motion for summary judgment that Government's Changes clause counterclaims are untimely)

Public Warehousing Co., K.S.C., ASBCA No. 56116 (Sep. 25, 2009) (After twice staying proceedings for continuing fraud investigation, Board dismisses appeal without prejudice to refile after the fraud investigation is complete rather than issuing the summary declaratory judgment requested by contractor because the Board is not convinced a declaratory judgment would resolve the dispute)

Computer Sciences Corp., ASBCA Nos. 56168, 56169 (Sep., 24, 2009) (denies Government's motion for reconsideration)

Vibration and Sound Solutions Limited, ASBCA No. 56240 (Sep. 15, 2009) (procedure; motion to strike portions of complaint as not being part of claim originally submitted to Contracting Officer)

General Dynamics C4 Systems, Inc., ASBCA No. 56862 (Aug. 20, 2009) (denies motion for entry of judgment because parties have yet to resolve quantum issues remaining from earlier appeal)

Corners and Edges, Inc., ASBCA Nos. 55611, 55619 (June 12, 2009) (CBCA decision denying contractor's claims bars current action under doctrines of res judicata and or collateral estoppel)

Robison Quality Constructors, ASBCA Nos. 55784 (June 4, 2009) (motion for reconsideration denied)

Emergency Pest Control Services, ASBCA No. 55321 (June 4, 2009) (denies government motion for summary judgment)

KAMP Systems, Inc., ASBCA No. 54253 (July 2, 2009) (dismisses appeal because ACO rescinded underlying decision on government claim and vowed not to reissue it, thereby effectively conceding the contractor's position)

DLT Solutions, Inc., ASBCA Nos. 54812, 55362 (May 4, 2009) (denies motion for reconsideration)

L. S. Womack, Inc. ASBCA No. 56598 (Apr. 28, 2009) (Board chooses dismissal without prejudice over suspension of proceedings)

GAP Instrument Corp., ASBCA No. 55041 (Apr. 24, 2009) (denies contractor's motion for reconsideration)

Bath Iron Works Corp. ASBCA No. 54544 (Feb. 24, 2009) (denies contractor's Motion for Reconsideration and to Reopen the Record and Convene the Senior Deciding Group with respect to the Board’s decision at ASBCA No. 54544, 08-2 BCA 33,936)

Palm Springs General Trading and Contracting Establishment, ASBCA Nos. 56290. 56291 (2008) (denies  motion to stay appeals pending criminal proceedings because, inter alia, the Government failed to show that there were substantial similarities of facts, issues, and witnesses between the ongoing criminal investigation and the board appeals)

Water Reclaim Systems, Inc., ASBCA No. 55816 (2008) (motion for summary judgment precluded by disputed issues of fact re alleged government delays)

Ellis Environmental Group, LC, ASBCA No. 55375 (2008) (motion for reconsideration of original Ellis decision denied)

Unconventional Concepts, Inc., ASBCA Nos. 56065, et al (2008) (grants Government's motions for limited stay of proceedings due to ongoing criminal investigation)

Dick Pacific, GHEMM, JV, ASBCA No. 55826 (2008) (denies contractor's pre-hearing request for order to Contracting Officer to release withheld liquidated damages to contractor)

Calculus Cranes, ASBCA Nos. 53728, 53729, 53912 (2008) (Rule 11; burden of proof; lack of evidence that appellant's claims relate to any agreement binding on the Government)

Freedom NY, Inc., ASBCA No. 55466 (2008) (denying motion for reconsideration because claimed costs were not in original claim)

Freedom NY, Inc., ASBCA No. 55465 (2008) (denying motion for reconsideration)

Valenzuela Engineering, Inc. ASBCA Nos. 54939, 55464 (2008) (suspended corporation lacks capacity to maintain appeal)

FloorPro, Inc., ASBCA No. 54143 (2008) (affirming prior decision regarding third party beneficiary status)

AGES GROUP, ASBCA No. 55318 (2008) (motion for summary judgment denied; dispute as to whether cost reimbursable invoices were paid)

Public Warehousing Co., K.S.C., ASBCA No. 56116 (2008) (stay of proceedings pending DOJ investigation)

Zulco International, Inc., ASBCA No. 55441 (2008) (motion for reconsideration denied)

Armstead & Assocs., ASBCA 52610 (2008) (CDA jurisdiction; motion for reconsideration denied)

The Swanson Group, Inc., ASBCA No. 54863 (2008) (Government's request for reconsideration denied)

Readiness Management Support, L.C., ASBCA No. 55880 (2007) (denying Government's request to delay proceedings pending parallel civil litigation)

Factek, LLC, ASBCA No. 55345 (2007) (affirming decision on reconsideration)

Advanced Communications Systems, ASBCA No. 52592 (2007) (request to change appellant's name; board jurisdiction)

Environmental Safety Consultants, Inc., ASBCA No. 54615 (2007) (untimely motion for reconsideration)

All-State Construction, Inc., ASBCA No.  50586 (2007) (default termination; motion for recon. denied)

KiSKA Construction Corp.-USA , ASBCA Nos. 54613, -14 (2006) (affirming previous decision)

The Minesen Co., ASBCA Nos. 52488, 52811 (2006) (procedural motion--evidence)

Performance Constr. Inc., ASBCA No. 53575, (2006) (untimely motion for reconsideration)

Simplix, ASBCA No. 52570 (2006) (motion for reconsideration; damages issues; lost profits)

Grumman Aerospace Corp., ASBCA No. 46834 (2006) (government request for reconsideration of denial of government claims)

ADT Constr. Group, Inc., ASBCA No. 55125 (2006) (post-decision motion to supplement record) 

Environmental Safety Consultants, Inc., ASBCA No. 54995 (2006) (alleging judicial bias)

 

 

Equal Access to Justice Act; Prompt Payment Act

 

Seven Seas Shipchandlers LLC, ASBCA No. 60602 (Oct. 25, 2016) (denies Prompt Payment Act interest claim because payment delays fell under exception in statute for "a dispute between the head of an agency and a business concern over the amount of payment or compliance with the contract")

Dellew Corp., ASBCA No. 58538 (Oct. 20, 2016) (awards contractor portion of claimed fees applicable to part of appeal in which contractor was prevailing party)

Tech Projects, LLC,  ASBCA No. 58789 (July 21, 2016) (denies EAJA recovery (after Contracting Officer amended decision to concede quantum and Board had dismissed appeal) because contractor  was not a "prevailing party" that had obtained either a decision  or a consent judgment from the Board), contractor's motion for reconsideration denied

Avant Assessment, LLC, ASBCA No. 58867 (July 12, 2016) (contractor entitled to EAJA recovery after summary judgment converting termination for cause to termination for convenience in appeal that was factually distinct from two other, still-pending, appeals that were consolidated with it for purposes of judicial economy)

Military Aircraft Parts, ASBCA No. 59978 (Nov. 17, 2015) (denies EAJA recovery because Government's position was substantially justified in three of four areas in dispute)

Military Aircraft Parts, ASBCA No. 59632 (Feb. 25, 2015) (denies EAJA recovery because the Government had voluntarily satisfied the contractor's claim without a board decision)

Amaratek, ASBCA Nos. 59149, 59395 (Jan. 22, 2015) (awards prevailing pro se party $33.47 in EAJA expenses for FedEx and notary costs), motion for reconsideration denied Lasmer Industries, Inc., ASBCA Nos. 56946, 56966 (May 2, 2011) (denies EAJA application after appeals dismissed as moot)

States Roofing Corp., ASBCA No. 55505 (Jan. 20, 2011) (reduces contractor's EAJA claim for, inter alia, "disproportionate amount" of fees incurred after rejection of Government's lump sum settlement offer)

Job Options, Inc., ASBCA No. 56698 (Jan. 12, 2011) (Government's position was substantially justified even when contractor won appeal on merits)

Lasmer Industries, Inc.., ASBCA No. 56411 (June 21, 2010) (Government's rescission of claim resulting in Board's dismissal of contractor's appeal does not make contractor a prevailing party entitled to EAJA award)

Calvary Security Group, LLC, ASBCA 56864 (June 15, 2010) (denies Government's motion for summary judgment on claim by contractor for interest penalty on late payments under Prompt Payment Act)

AST Anlagen-und Sanierungstechnik GmbH, ASBCA Nos. 41305, 55709 (Apr. 30, 2010) (finds entitlement to EAJA recovery; remands for quantum)

Kostmayer Construction, LLC, ASBCA No. 55053 (Oct. 30, 2009) (eligibility of firm for EAJA award; net worth requirements; affiliates' net worth not aggregated; expenses not incurred in adversary adjudication)

Freedom NY, Inc., ASBCA No. 43965 (Mar. 5, 2009) (EAJA award; entitlement--substantial justification; quantum; no cost of living adjustment for ASBCA cases; "nuanced" apportionment for parts of appeal that were not successful; disallows attorney expenses for business lunches unrelated to appeals)

Freedom NY, Inc., ASBCA No. 55466 (2008) (Equal Access to Justice Act; claims for CDA interest and PPA interest; substantial justification; apportionment; prevailing party only on some counts)

Freedom NY, Inc. ASBCA No. 55466 (2007) (successful Prompt Payment interest claim)

Environmental Safety Consultants, Inc., ASBCA Nos. 47498, 53485 (2007) (EAJA)

Gosselin World Wide Moving NV, ASBCA No. 55365 (2006) (PPA interest claims) 


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