Documents

GRANTED IN PART: March 22, 2007

Agency decision · Agency decision

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract … What is a reasonable period of time for the Government to do a particular act under the contract is entirely dependent upon the circumstances of the particular case.

In the Matter of COLLIER COUNTY, FLORIDA

Agency decision · Agency decision

In February 2020, FEMA denied the county’s request because the work had not been completed within the regulatory six-month period for emergency work. … by Section 106 of the National Historic Preservation Act and public comment period for NEPA and Executive Order 11988, had not been completed.

DENIED: January 7, 2022

Agency decision · Agency decision

(s) of Government employee(s) while acting within the scope of their employment. … The policy defined harassment as “coercive or repeated, unsolicited and unwelcome verbal comments, gestures or physical comments.” Id. at 82.

CBCA 2719 DISMISSED FOR LACK OF JURISDICTION: September 14, 2012

Agency decision · Agency decision

The total lease term was thirty-six months and included a “base period + option year 1 + option year 2.” … Aronie, Multiple Award Schedule Contracting (2006) (citing draft ABA comments dated Feb. 20, 2001).

MOTION FOR SUMMARY RELIEF DENIED: November 4, 2014

Agency decision · Agency decision

Regarding the comment about the thirtypercent discount, Lynchval stated: CBCA 3466 7 Agreed. … The thirty-percent discount was applied for a period of six months.

GRANTED IN PART: September 2, 2026

Agency decision · Agency decision

This total does not include interest required in accordance with the Contract Disputes Act (CDA), 41 U.S.C. § 7109 (2024). B. … comments submitted by Maximus.

DENIED: August 7, 2009

Agency decision · Agency decision

The Federal Courts Improvement Act of 1982, Pub. L. … This comment was intemperate.

DISMISSED FOR LACK OF JURISDICTION: June 27, 2018

Agency decision · Agency decision

informing B&F that it had been overpaid by $35,087 based on twenty-five work orders that should not have been approved for payment.2 The decision included the requisite language from the Contract Disputes Act … The Board ordered FEMA to reply to B&F’s argument that, without the attachment, the COFD was legally defective, and to comment on whether the appeal period did not start to run until the contractor had

DISMISSED FOR LACK OF JURISDICTION: February 15, 2013

Agency decision · Agency decision

On October 16, 2012, appellant, JRS Management, filed this appeal pursuant to the Contract Disputes Act. … Claim 1 sought an equitable adjustment of $1500 as compensation for the unilateral modification of contract terms, and a modification of the performance evaluations prepared by respondent to delete comments

In the Matter of ACADIA PARISH POLICE JURY

Agency decision · Agency decision

This is the amount that exceeds the average amount based on the last 3 years of expenses for the same period. PAPPG at 126. … Without such specific guidance, or FEMA-explained rationale supporting a contrary conclusion, the panel concludes that the applicant’s spraying in an emergency situation does not act as a bar to receiving

In the Matter of STEVEN P. LYONS

Agency decision · Agency decision

regulation issued under express authority from Congress, for the purpose of affecting individual rights and obligations by filling gaps left by a statute, after following the Administrative Procedure Act … ’s notice and comment provisions.

MOTION FOR SUMMARY RELIEF GRANTED IN PART: November 28, 2011

Agency decision · Agency decision

The Service Contract Act of 1965, 41 U.S.C. §§ 351-357 (2006) (now 41 U.S.C.A. §§ 6701-6707 (West. … The OIG asked the commissioner of GSA’s Federal Acquisition Service (FAS), which administers the schedules program, for comments.

GRANTED IN PART: September 7, 2017

Agency decision · Agency decision

The contract, awarded by DOE, involved clean-up of nuclear sites located in and around Idaho, and was referred to as the Idaho Cleanup Project (ICP contract). … that provided Recovery Act funding. 19.

DENIED: November 3, 2014

Agency decision · Agency decision

reinsurance year starting July 1, 2010, and ending June 30, 2011.4 On November 30, 2009, the FCIC/RMA published a study of its rate-making methodology (study 1) on its website in draft form for public comment … We find nothing in the SRA that precludes the RMA from revising the rate-making methodology or premium rates as necessary to comply with the Act.

MOTIONS FOR SUMMARY RELIEF DENIED: July 25, 2016

Agency decision · Agency decision

General Heating & Air Conditioning, Inc. v. General Services Administration, CBCA 1242, 09-2 BCA ¶ 34,256, at 169,264. … McGrade commented upon the limits of Mr.

CROSS-MOTIONS FOR SUMMARY JUDGMENT GRANTED

Agency decision · Agency decision

“[T]he words ‘reason to know’ are used both where the actor has a duty to another and where he would not be acting adequately in the protection of his own interests were he not acting with reference to … With regard to laches, the Government’s claim is timely under the Contract Disputes Act’s limitations period, having been asserted within six years after the overpayment was made, 41 U.S.C. § 7103 (2018

CBCA 4920 DISMISSED FOR LACK OF JURISDICTION;

Agency decision · Agency decision

To complete this review, AEC prepared multiple SEIS drafts, addressed numerous CBCA 4920, 5093 4 public comments, and released a final SEIS to the public. Id. ¶ 19. … Task order 2 had a single period of performance, from July 11, 2012, through November 30, 2014, and did not contain option periods which the NRC unilaterally could exercise to further extend that period

THIS OPINION WAS INITIALLY ISSUED UNDER PROTECTIVE

Agency decision · Agency decision

Department of Agriculture, CBCA 5764, 19-1 BCA ¶ 37,238 (2019).1 In this appeal, Future Forest posits that the comments of the Forest Service employees created a “reasonable expectation” that the agency … “The implied covenant of good faith and fair dealing is limited by the original bargain: it prevents a party’s acts or omissions that, though not proscribed by the contract expressly, are inconsistent

RESPONDENT’S MOTION FOR PARTIAL SUMMARY JUDGMENT GRANTED;

Agency decision · Agency decision

to undertake new work or an extension of existing work beyond the contract period.” … The contracting officer further stated that “[f]or the contract [period of performance (POP)] extension request I will attach what was sent by [APS’s former project manager] and our comments in response

THIS OPINION WAS INITIALLY ISSUED UNDER PROTECTIVE ORDER AND

Agency decision · Agency decision

The contractual period for completing that deliverable expired more than a year before the June 16, 2023, termination. … In its brief, Y2Fox accuses DOS of acting in bad faith in various ways, such as by allegedly ignoring the contract modification extending the performance period for CLIN 001, by not responding to emails