Documents

DECISION ON JURISDICTION TO HEAR APPEAL: May 29, 2018

Agency decision · Agency decision

The Board awards money under the Contract Disputes Act only under valid procurement contracts. E.g., Engage Learning, Inc. v. Salazar, 660 F.3d 1346, 1356 (Fed. … (quoting Contract Cleaning Maintenance, Inc. v. United States, 811 F.2d 586, 592 (Fed. Cir. 1987))).

In the Matter of ZAKI M. SAAD

Agency decision · Agency decision

Background Anticipated transfer On December 15, 2006, the agency confirmed claimant’s temporary promotion for a period not to exceed two years to a position in the Office of International Programs (OIP … Claimant did not act prudently in incurring those expenses. The agency acted in accordance with the FTR in denying claimant reimbursement of $5000.

RESPONDENT’S MOTION TO DISMISS FOR FAILURE

Agency decision · Agency decision

an act of the sovereign.”). … Cir. 1992), held that, pursuant to standard FAR clauses in the contract at issue there, the Department of the Air Force had contractually agreed to accept financial responsibility if another federal agency

GRANTED: September 25, 2013

Agency decision · Agency decision

(citing Restatement (Second) of Contracts § 163 and Comment a (1981)). … Delta Air Lines, Inc. v. General Services Administration, CBCA 1306, 09-1 BCA ¶ 34,052, at 168,407.

In the Matter of JACKSON COUNTY SCHOOL DISTRICT

Agency decision · Agency decision

During the period from March through June 2008, FEMA completed the revisions and obligation of public assistance funds for the seventeen PWs arising from the destruction of the upper elementary and middle … kindergarten through sixth grade facility in the Latimer community to offset the “increased enrollment as a result of the shift in population to the north after Hurricane Katrina;” (2) “revamp” of the air

RESPONDENT’S MOTION TO DISMISS AS A SANCTION

Agency decision · Agency decision

Normally, before authorizing dismissal, the CBCA 7915, 8303 14 tribunal must “find that the responsible party acted or failed to act with a degree of culpability that exceeds simple inadvertence or … A corporation is responsible, “under a theory of respondeat superior,” for the intentional misconduct of an employee “acting within the scope of employment,” at least where “those acts [are] motivated—at

MOTION FOR PARTIAL DISMISSAL DENIED:

Agency decision · Agency decision

Army & Air Force Exchange Service, 846 F.2d 746, 747 (Fed. Cir. 1988). … those acts.”

In the Matter of STATE OF LOUISIANA, FACILITY PLANNING AND CONTROL

Agency decision · Agency decision

The case is before the panel under authority of section 601 of Public Law 111-5, the American Recovery and Reinvestment Act of 2009, and section 206.209 of title 44 of the Code of Federal Regulations. … systems (primarily mechanical, electrical, plumbing, and heating, ventilation, and air conditioning).

THIS OPINION WAS INITIALLY ISSUED UNDER PROTECTIVE ORDER AND

Agency decision · Agency decision

the appeal is essentially one for monetary relief for which Framaco, in its underlying claim before the agency, provided neither a sum certain nor the certification required by the Contract Disputes Act … Once a dispute is before the Board, the parties start with a “clean slate.” Wilner v. United States, 24 F.3d 1397, 1402 (Fed. Cir. 1994) (en banc); CompuCraft, Inc. v.

RESPONDENT’S MOTION TO PRECLUDE GRANTED;

Agency decision · Agency decision

Our jurisdiction to entertain an appeal from a contractor seeking monetary relief in a case under the Contract Disputes Act (CDA), 41 U.S.C. §§ 7101–7109 (2018), is framed by and dependent upon the certified … Cir. 2010) (quoting Contract Cleaning Maintenance, Inc. v. United States, 811 F.2d 586, 592 (Fed. Cir. 1997)).

MOTIONS FOR CONSOLIDATION DENIED;

Agency decision · Agency decision

to both TSI and Collecto, finding ED entitled to recovery of the previously identified amounts from TSI and Collecto and notifying TSI and Collecto of their appeal rights under the Contract Disputes Act … Eastern Air Lines, Inc., 681 F.2d 186, 193 (4th Cir. 1982)).

DENIED: April 17, 2024

Agency decision · Agency decision

Western Pressure Cleaning, Inc., AGBCA 86-309-3, 87-3 BCA ¶ 20,108, at 101,827. II. … Ventilation Cleaning Engineers, Inc., ASBCA 16678, et al., 72-2 BCA ¶ 9537, at 44,430.

THIS OPINION WAS INITIALLY ISSUED UNDER PROTECTIVE ORDER

Agency decision · Agency decision

with Exhibit 37 at 51 (WRPS’s response). 13 This method of checking a box that corresponded to a BMA rate and generalized degree and experience requirements but then further writing requirements in the comments … As a work planner, was responsible for planning how the projects to clean up the tank farm would proceed and was “instrumental” in ensuring work would actually be performed.

THIS OPINION WAS INITIALLY ISSUED UNDER PROTECTIVE ORDER AND

Agency decision · Agency decision

At both the developing and updating stages, the OBO is tasked with reviewing and commenting, while the Project Director/Contracting Officer’s Representative is required to approve the basis of design. … Submit an electronic System Manual prepared in accordance with ASHRAE[3] Guideline 0, containing the following documentation: 3 ASHRAE stands for the “American Society of Heating, Refrigerating and Air

THIS OPINION WAS INITIALLY ISSUED UNDER PROTECTIVE ORDER AND

Agency decision · Agency decision

The contracts state that vacant lots are to be “maintained at all times in a manner that result in properties that are clean, safe and sanitary.” … Since Purdy’s claim under the Contract Disputes Act, 41 U.S.C. §§ 7101–7109 (2018), alleged no facts supporting a theory of breach by “abdication of authority,” as we’ve noted before, that theory is a

DISMISSED FOR LACK OF JURISDICTION: July 26, 2017

Agency decision · Agency decision

Instead, ATF was attempting to obtain return of ATFissued credentials by the end of the contract performance period. Id. … Army & Air Force Exchange Service, 846 F.2d 746, 748 (Fed. Cir. 1988)). II.

DENIED: June 17, 2026

Agency decision · Agency decision

Concealment: The engine oil was clean and new, indicating the oil was changed after the drain plug was repaired and after the internal engine damage had already occurred. … The FWS representative explained that, beginning in March 2020 (when the COVID-19 pandemic hit), the vehicle sat idle for an extended period of time. Exhibit 14 at 78.

In the Matter of MUNICIPALITY OF CANÓVANAS, PUERTO RICO

Agency decision · Agency decision

Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. § 5189a(d) (2018), after the Federal Emergency Management Agency (FEMA) denied its request for approximately $4 million in … Normal maintenance procedures would entail cleaning ditches, patching potholes, crack sealing, etc., to help alleviate moisture penetration of the pavement surface and saturation of the base layers.

DISMISSED IN PART FOR LACK OF JURISDICTION: September 4, 2013

Agency decision · Agency decision

Respondent argues that the Contract Disputes Act (CDA), 41 U.S.C. § 7103(a) (Supp. … General Services Administration, GSBCA 16093, 03-2 BCA ¶ 32,345, at 160,041 (quoting Contract Cleaning Maintenance, Inc. v. United States, 811 F.2d 586, 592 (Fed. Cir. 1987)).

MOTION TO DISMISS DENIED: April 19, 2007

Agency decision · Agency decision

• Defines terms • Sets forth each participant’s roles, responsibilities, and obligations • Identifies scope, period of performance (for specific, limited purposes or longer periods covering several … Army & Air Force Exchange Service, 846 F.2d 746, 747 (Fed. Cir. 1988). However, appellant bears the burden of proving jurisdiction. Reynolds, 846 F.2d at 748.