Documents

CROSS-MOTIONS FOR SUMMARY JUDGMENT GRANTED IN PART:

Agency decision · Agency decision

Act, 31 U.S.C. § 3727. … Here, there is no risk of fraud or multiple litigants, and the purposes of the Acts are not impinged.

DENIED: September 29, 2017

Agency decision · Agency decision

In this appeal of a contracting officer’s decision under the Contract Disputes Act (CDA), 41 U.S.C. §§ 7101-7109 (2012), appellant, Sylvan B. … Orr generally complains that the USFS employees have acted in bad faith towards him.

MOTION TO DISMISS DENIED; MOTION FOR

Agency decision · Agency decision

Here, the contracting officer asserted a government claim for $34,518.55 within the limitations period by withholding payment in December 2012 under lease I. … Iowa-Illinois Cleaning Co. v. General Services Administration, GSBCA 12595, 95-2 BCA ¶ 27,628; see also Volmar Construction, Inc. v. United States, 32 Fed. Cl. 746, 753 (1995).

RESPONDENT’S MOTION FOR PARTIAL SUMMARY RELIEF GRANTED;

Agency decision · Agency decision

The initial period of the lease will be 9 years and 11 months. … Additionally, there were no binding provisions for amenities, cleaning, or services stated in the letter of intent.

APPELLANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT DENIED;

Agency decision · Agency decision

period would otherwise expire.” … the premises including internal and external security upgrades, access doors in the East wall of the property to an adjacent property to be leased by the TENANT, installation of generators, fuel tanks, air

In the Matter of DARREN E.

Agency decision · Agency decision

Barba, commander of the 337th Support Wing, United States Air Force (Barba Memorandum), which states that “[d]ue to the geographic location of Australia, it takes an extraordinary amount of time for members … allowance granted to an employee for the reasonable cost of temporary quarters, meals and laundry expenses incurred by the employee and/or family members: 2 The Overseas Differentials and Allowances Act

APPELLANT’S MOTION TO DISMISS DENIED: March 10, 2020

Agency decision · Agency decision

contracting officers’ decisions fail to provide adequate notice as to the basis and amounts of DOS’s claims.1 The Board derives its jurisdiction to consider contract disputes from the Contract Disputes Act … Motion at 8 (quoting Contract Cleaning Maintenance, Inc. v. United States, 811 F.2d 586, 592 (Fed. Cir. 1987)).

MOTION TO DISMISS DENIED: January 6, 2021

Agency decision · Agency decision

expressly state a time frame within which the contractor would have to appeal any contracting officer final decision, the Disputes clause indicated that “[t]his contract is subject to the Contract Disputes Act … According to Wise, these test results showed that the air quality in the leased building not only met standards, but had improved since the tenant left.

MOTION FOR PARTIAL SUMMARY JUDGMENT GRANTED IN PART:

Agency decision · Agency decision

DOS highlights evidence of dangerous attacks and increasing violence before the contracts were awarded; FKTC highlights evidence of dangerous attacks and increasing violence during the period of contract … In its motion, DOS challenges FKTC’s entitlement to the labor hours included in the air transport claims. RSUF at 62 n.21. DOS personnel also traveled by air to reach Baghdad. Exhibit 3856. G.

DENIED: April 10, 2012

Agency decision · Agency decision

Dredging had to be interrupted to clean the dredge’s cutter head. … According to appellant, Tri-Native never cured its providing a bogus insurance certificate, and failed to comply with the Davis-Bacon Act and the Contract Work Hours and Safety Standards Act.

DISMISSED IN PART FOR LACK OF JURISDICTION;

Agency decision · Agency decision

The resulting contract would include a transition/phase-in period of up to 180 days, a base period of one year, and nine one-year option periods. Id. at 133-49. … General Heating & Air Conditioning, Inc. v. General Services Administration, CBCA 1242, 09-2 BCA ¶ 34,256, at 169,264 (quoting AFR & Associates, Inc. v.

DISMISSED FOR LACK OF JURISDICTION: December 3, 2015

Agency decision · Agency decision

“A board of contract appeals cannot waive the statutory appeal period.” Devi Plaza, LLC v. … Army & Air Force Exchange Service, 846 F.2d 746, 748 (Fed. Cir. 1988)).

CROSS-MOTIONS FOR SUMMARY RELIEF DENIED:

Agency decision · Agency decision

During the solicitation process, some offerors raised questions during the question and answer (Q&A) period about the solicitation’s inventory list. … (quoting General Heating & Air Conditioning, Inc. v. General Services Administration, CBCA 1242, 09-2 BCA ¶ 34,256, at 169,264).

claimant’s household goods (HHG) at his old CONUS duty station, the NGA argues that

Agency decision · Agency decision

relocation benefits misinterprets the relevant Federal Travel Regulation (FTR) and Joint Travel Regulations (JTR) provisions and, further, violates the Uniformed Services Employment and Reemployment Rights Act … Adams, GSBCA 15052-TRAV, 1999 WL 771056 (Sept. 28, 1999) (Where “claimant has not filed a claim for the travel expense of business-class air travel because he has not yet incurred the expense,” the claim

THIS OPINION WAS INITIALLY ISSUED UNDER PROTECTIVE ORDER AND

Agency decision · Agency decision

Department of Transportation, CBCA 5456, 17-1 BCA ¶ 36,600 (2016) (quoting General Heating & Air Conditioning, Inc. v. General Services Administration, CBCA 1242, 09-2 BCA ¶ 34,256). … , or fail to act, in a manner that implicitly adopts or approves that commitment.”

RESPONDENT’S MOTION FOR SUMMARY JUDGMENT DENIED;

Agency decision · Agency decision

K&G learned, however, that the employee had, in fact, been on site working that entire period. … of performance to reflect deductions for the period 06/01/2021 through 06/30/2021. . . .

DENIED IN PART; DISMISSED

Agency decision · Agency decision

As I understand it a couple of the sites just need a few more days of work and they could be completed and cleaned up. … It also stated that it did not agree with the USFS inspector’s decision that it should perform further clean up at the Woodward and Umatilla Forks sites.

THIS OPINION WAS INITIALLY ISSUED UNDER PROTECTIVE ORDER AND

Agency decision · Agency decision

Id. § 3907(c); Delta Air Lines, Inc. v. General Services Administration, CBCA 1306, 09-1 BCA ¶ 34,052. … “Disputed contract payment amounts are subject to Contract Disputes Act interest, not Prompt Payment Act interest.” George Sollitt Construction Co. v. United States, 64 Fed.

In the Matter of SCHOOL BOARD OF BAY COUNTY, FLORIDA

Agency decision · Agency decision

the issue of reasonableness as affecting all of the costs that Bay County seeks, the panel only sees FEMA challenging the reasonableness of the roofing costs and one specific heating, ventilation, and air … Bay County also incurred costs for painting the interior doors and cleaning the exterior columns. Id. at 92.

MOTION FOR SUMMARY RELIEF DENIED: June 7, 2007

Agency decision · Agency decision

All stream work was restricted to the period of July 15 to September 15. All other construction was restricted to the period between July 15 and September 30. … As set out by the court in Contract Cleaning Maintenance, Inc. v. United States, 811 F.2d 586, 592 (Fed.