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Contractor’s Attempt to Play Hardball With the Government Results in Termination for Cause; Appeal of Aerospace Facilities Group, Inc., ASBCA No. 61026
Claim Arising From Termination for Convenience Accrues When Termination Settlement Negotiations Reach an Impasse; Appeal of Abozar Afzali Construction Company, ASBCA No. 61561
Federal Circuit Holds that Contractor Failed to Demonstrate Reasonableness of Claimed Costs; Kellogg Brown & Root Services, Inc. v. Secretary of the Army, Fed. Cir. 2019-1683
I Won’t, and You Can’t Make Me: CBCA Refuses to Compel Government to Participate in ADR; S & DF Properties, LLC v. General Services Administration, CBCA 6809
COFC Castigates Department of Justice for Ignoring a Court Order and Violating the Duty of Candor to the Tribunal; Housing Authority of the City of Slidell v. United States, COFC No. 19-1583C
Agency Unable to Prove that Contractor’s Representative Was Not Real Party in Interest; CBCA 6417, U.S. Army Tactical Supply v. Department of State
“Contract Language Matters”: Federal Circuit Reverses COFC, Rejects Government’s Attempt to Rewrite Contract, Holds Agency Effected a Constructive Change; Kiewit Infrastructure West Co. v. United States, Fed. Cir. 2019-2125
Failure to Respond to Agency’s Summary Judgment Motion Dooms Contractor’s Appeal; Carmazzi Global Solutions, Inc. v. Social Security Administration, CBCA 6264, 6279, 6284
Ambiguity In Modification Precludes Summary Judgment on Contractor’s Accord and Satisfaction Defense; Transworld Systems, Inc. v. Department of Education, CBCA 6049
Federal Circuit Holds that Failure to Raise Pre-Award Objection to a FAR Provision Did Not Waive Contractor’s Right to Subsequently Challenge the Legality of the Provision; The Boeing Company v. United States, Fed. Cir. 2019-2148
Government Caused Delay By Demanding Contractor Provide Information Not Required by the Contract; Appeals of RBC Construction Corp., ASBCA Nos. 59404 et al.
Federal Circuit Rejects Air Force’s Claim that Contract for Welfare of Servicemembers Was Not a Procurement Under the CDA Because It Did Not Benefit the Agency; Parsons Evergreene, LLC v. Secretary of the Air Force, Fed. Cir. 2019-1931, 2019-1975
ASBCA Precludes Contractor from Externalizing the Costs of Its Labor Practices; Appeals of Kellogg Brown & Root Services ASBCA Nos. 59385, 59744
“But Lo! I Am a Master Thespian!”: Contractor Unable to Recover Wages Paid to Actors; Appeal of Parsons Government Services, Inc., ASBCA No. 61630
Agency Alleges Appeal Asserts a New Claim, But ASBCA Finds Appeal is Based on Same Operative Facts as Initial Hijacking Claim; Appeal of Alfajer, Ltd., ASBCA No. 62125
Contractor’s Attempt to Prove Excusable Delay About as Futile as Taco Bell Attempting to Obtain a Michelin Star; Appeals of Ken Laster Company, ASBCA 61292, 61828
Issues of Material Fact Sink Contractor’s Motion for Summary Judgment on Claim for Subcontractor Costs; Mission Support Alliance, LLC v. Department of Energy, CBCA 6477
ASBCA Lacks Jurisdiction Over Appeal of Claim that Was Never Submitted to the CO Relating to a Contract that Was Never Performed; Appeal of Golden Build Company, ASBCA No. 62294
Contracting Officer’s Post-Appeal Fraud Allegation Does Not Divest ASBCA of Jurisdiction; Appeals of ESA South, Inc. ASBCA Nos. 62242, 62243
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