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Briefs, oral arguments, agency decisions and the Federal Register.
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Agency decision · Agency decision
Standard Construction Features • Flat-flanged heads • Continuous exterior fillet welds on all joints • Lifting Lugs • UL-142 label • 5 psi factory air test and seam inspection. • Primer coating Seller … Here, the contracting officer properly acted within the Government’s rights to reject King Rox’s nonconforming fuel tanks and ask King Rox to retrieve them.
Civilian Board of Contract AppealsAgency decision · Agency decision
The lease period for one hundred & forty-eight (148) pads is from 25 August 2004 to 25 February 2005. … Indeed, there is uniformity among the circuit courts of appeals and the commentators that mutual mistake of fact cannot lie against a future event. Dairyland, 16 F.3d at 1203.
Civilian Board of Contract AppealsDISMISSED FOR FAILURE TO STATE A CLAIM: August 18, 2016
Agency decision · Agency decision
Standards and Scope of Review We have jurisdiction of this timely appeal under the Contract Disputes Act, 41 U.S.C. §§ 7101-7109 (2012). … The plausibility standard is not akin to a ‘probability requirement,’ but it asks for more than a sheer possibility that a defendant has acted unlawfully.” Ashcroft v.
Civilian Board of Contract AppealsIn the Matter of DALTON M. COKER
Agency decision · Agency decision
Coker thirty days to ask us to reconsider our dismissal of his claim, his February 2019 filing was too late (even if we subtract the period of the partial government shutdown), and our dismissal was already … CBCA 6379-RELO 3 It is not this Board’s statutory role to comment on matters within the scope of federal employees’ collective bargaining agreements, and ordinarily we are careful not to do so.
Civilian Board of Contract AppealsIn the Matter of DAMERON HOSPITAL ASSOCIATION
Agency decision · Agency decision
This policy will be posted for public comment and stakeholder input prior to finalization and issuance.” Id. at 2. … under the Stafford Act.
Civilian Board of Contract AppealsAgency decision · Agency decision
The Board first dismissed the Government’s argument that the Copyright Act precluded the CBCA from hearing this licensing dispute under the Contract Disputes Act, holding that the Copyright Act did not … At this reunion, we asked our law clerks to comment on their time at the CBCA.
Civilian Board of Contract AppealsAgency decision · Agency decision
As separate bases for relief, it contends that the agency acted improperly in using excessive time to grant each clearance. … For the “first” individual, from application submission to approval, the period was less than thirty days.
Civilian Board of Contract AppealsGRANTED IN PART: November 6, 2013
Agency decision · Agency decision
Under the Contract Disputes Act, “[i]nterest on an amount found due a contractor on a claim shall be paid to the contractor for the period beginning with the date the contracting officer receives the contractor … CBCA 2235 19 The final subject on which we comment is something that has consumed a great deal of the IBWC’s attention: the New Mexico gross receipts tax (GRT).
Civilian Board of Contract AppealsMOTION FOR SUMMARY RELIEF IN CBCA 340 DENIED; CBCA 341 DENIED:
Agency decision · Agency decision
The contract performance period included a base period of two years and three option years. Id. at I-5. … to act in good faith.
Civilian Board of Contract AppealsMOTIONS FOR SUMMARY RELIEF AND SANCTIONS DENIED: March 19, 2008
Agency decision · Agency decision
On January 6, 2007, in accordance with section 847 of the National Defense Authorization Act for Fiscal Year 2006, Pub. L. … Paragraph L.1.2 of the RFQ stated that the “Government contemplates award of one Firm Fixed Price task order with a base period of 5 months, plus 2 option periods of 6 months and 1 months [sic].”
Civilian Board of Contract AppealsDISMISSED FOR LACK OF JURISDICTION: December 4, 2024
Agency decision · Agency decision
Acabay argues that it timely filed its appeal via the United States Postal Service (USPS) within the ninety-day period. … Appellant’s Comments in Response to the Respondent’s Reply to the Appellant’s Response to the Motion to Dismiss for Lack of Jurisdiction at 2-3, 5. Mr.
Civilian Board of Contract AppealsAgency decision · Agency decision
GSA proposes to do this pursuant to garnishment provisions contained in the Debt Collection Improvement Act of 1996 (DCIA), Pub. L. No. 104-134, 110 Stat. 1321 (1996). … WEEE with the request that she provide her own comments on the report no later than Thursday, November 11. She failed to reply to our request. By overnight mail, we advised GSBCA 16520-DBT 2 Ms.
Civilian Board of Contract AppealsIn the Matter of LIVINGSTON PARISH
Agency decision · Agency decision
Section 565 of the Consolidated and Further Continuing Appropriations Act, 2013, provides as follows: The Inspector General [of the Department of Homeland Security] shall review the applications for public … Two are worthy of comment: (1) We disagree with the proposition that the statute permits an applicant to come here only if the Inspector General finds an error by the agency in addressing the merits of
Civilian Board of Contract AppealsGRANTED IN PART: March 29, 2024
Agency decision · Agency decision
Applicant, Hughes Group LLC (Hughes), filed an application under the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504 (2018), seeking $149,201.50 in attorney fees and $8532.12 in costs, for a total of … Hughes commented that it was common practice for parties to file such motions at the conclusion of discovery.
Civilian Board of Contract AppealsDECISION ON ORDER TO SHOW CAUSE: January 14, 2020
Agency decision · Agency decision
I am hereby notifying you that my license to practice law in the Commonwealth of Virginia was suspended, on April 26, 2019 for a period of one year and one day. … The comments to this guideline state that “[t]here are circumstances where failure to make a disclosure is the equivalent of an affirmative misrepresentation.”
Civilian Board of Contract AppealsIn the Matter of MANASOTA MATTERS, INC.
Agency decision · Agency decision
Stafford Disaster Relief and Emergency Management Act, 42 U.S.C. § 5189a(d) (2018) (the Stafford Act), of a dispute with the Federal Emergency Management Agency (FEMA) regarding eligibility for public … I conclude that the applicant has demonstrated no basis in the record to alter the denial and would not reach beyond the regulations, which were issued after a notice and comment period, with FEMA leaving
Civilian Board of Contract AppealsGRANTED IN PART: March 31, 2016
Agency decision · Agency decision
The task order period was later extended to May 31, 2005, through issuance of four modifications. … Stevens, acting for USFK, contacted ISS to secure additional HNAs.
Civilian Board of Contract AppealsAgency decision · Agency decision
In its comment, DOE states that “[w]e are not sure what normal business requirements would entail, but are concerned that would allow for more insurance than what is anticipated. … and for those periods as the Contracting Officer may require or approve and with sureties and insurers approved by the Contracting Officer.”
Civilian Board of Contract AppealsIn the Matter of CITY OF LONG BEACH, MISSISSIPPI
Agency decision · Agency decision
Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. § 5189a (2018). The Board is only being asked to decide scope eligibility in this arbitration. … On December 31, 2020, the President declared the hurricane event a disaster (FEMA-4576-DR-MS), with an incident period of October 28 to 29, 2020, which authorized public assistance for the City. 1 The
Civilian Board of Contract AppealsMOTION FOR SUMMARY RELIEF DENIED: November 28, 2007
Agency decision · Agency decision
National Forest Management Act of 1976, 16 U.S.C. § 1604(g)(3)(E) (2000). … I’m not a soils scientist, therefore, I am not qualified to comment on the arguments given to substantiate the decision. . . .
Civilian Board of Contract Appeals
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