Documents

Briefs, oral arguments, agency decisions and the Federal Register.

399 results

1.26s

  • DENIED: July 29, 2008

    Agency decision · Agency decision

    Respondent noted that appellant’s architectural comments on respondent’s proposed restoration were the first comments received from appellant although respondent had sent appellant a set of restoration … If you reconfigure the floor plan, you’re not going to be getting sufficient cool or warm air in there. You’re not going to get air regenerated. . . .

    Civilian Board of Contract Appeals
  • MOTION TO DISMISS FOR LACK OF JURISDICTION DENIED: June 23, 2010

    Agency decision · Agency decision

    When the contracting officer failed to act, the appellant appealed the contracting officer’s failure to act as a deemed denial of its claim. 2 The VA has provided limited excerpts of the contract in … Nor is there any “requirement in the Disputes Act that a ‘claim’ must be submitted in any particular form or use any particular wording.” Contract Cleaning Maintenance, Inc. v.

    Civilian Board of Contract Appeals
  • THIS OPINION WAS INITIALLY ISSUED UNDER PROTECTIVE ORDER

    Agency decision · Agency decision

    provide the required headroom and intake air. … The Board decides this appeal in accordance with its jurisdiction under the Contract Disputes Act (CDA), 41 U.S.C. §§ 7101–7109 (2018).

    Civilian Board of Contract Appeals
  • MOTION TO DISMISS GRANTED IN PART: May 12, 2015

    Agency decision · Agency decision

    Respondent, the Department of Veterans Affairs (VA), has filed a motion to dismiss certain elements of the consolidated appeals for lack of subject matter jurisdiction under the Contract Disputes Act ( … Contract Cleaning Maintenance, Inc. v. United States, 811 F.2d 586, 592 (Fed. Cir. 1987).

    Civilian Board of Contract Appeals
  • CROSS-MOTIONS FOR SUMMARY JUDGMENT DENIED:

    Agency decision · Agency decision

    similar nature, beyond the control of the Air Carrier. … Contract Cleaning Maintenance, Inc. v. United States, 811 F.2d 586, 592 (Fed. Cir. 1987).

    Civilian Board of Contract Appeals
  • In the Matter of MONROE COUNTY SHERIFF’S OFFICE

    Agency decision · Agency decision

    FEMA, through the Regional Administrator, acted on both appeals in May 2024. … See Applicant’s Reply at 5-6 (citing 42 U.S.C. § 5165c (certain FEMA policies implemented by notice and comment “shall apply only to a major disaster or emergency declared on or after the date on which

    Civilian Board of Contract Appeals
  • In the Matter of HOUSING AUTHORITY OF THE CITY OF LUMBERTON,

    Agency decision · Agency decision

    Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. §§ 5121-5207 (2018), provides the statutory authority for FEMA’s federal disaster response activities. … This amount consists of $2777.16 for a condenser, evaporator, air handler, and ductwork, plus $1777.38 for soft costs. Id.

    Civilian Board of Contract Appeals
  • GRANTED IN PART: March 26, 2018

    Agency decision · Agency decision

    Additionally, BCPeabody alleged that the VA breached its implied duty to act in good faith and deal fairly with BCPeabody under the task order. … The VA acted timely to resolve BCPeabody’s change orders by meeting to negotiate and issuing its decisions on each claim shortly thereafter.

    Civilian Board of Contract Appeals
  • DENIED: September 23, 2008

    Agency decision · Agency decision

    Respondent clarified that appellant carried clean ethidium bromide filters which had never been used to filter the chemical. Id. at 192. … He explained that such packaging prepares material for any mode of transportation, be it by rail, air, dolly, cart, or truck. Id. at 178.

    Civilian Board of Contract Appeals
  • In the Matter of TUNICA COUNTY BOARD OF SUPERVISORS

    Agency decision · Agency decision

    CBCA 7907-FEMA 3 Tunica sought PA funding from FEMA for the cost of cleaning and disinfecting that OST had performed during the period from July 7 to October 31, 2020. … Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. §§ 5121–5207 (2018), provides our authority to conduct arbitrations. Id. § 5189a(d).

    Civilian Board of Contract Appeals
  • In the Matter of ST. AUGUSTINE HIGH SCHOOL, INC.

    Agency decision · Agency decision

    Corrosion begins immediately after a surface is in contact with corrosive agents and can be mitigated by maintenance, including the cleaning and repainting of painted metal surfaces such as those on the … Discussion FEMA provides public assistance following a disaster pursuant to the Stafford Act, 42 U.S.C. §§ 5121 et seq. (2012); implementing regulations, 44 CFR 13.36, pt. 206 (2017); and policies and

    Civilian Board of Contract Appeals
  • In the Matter of CHEMUNG COUNTY, NEW YORK

    Agency decision · Agency decision

    For the remaining components of the EHP review, FEMA found that the project complied with the other federal environmental laws, including the Clean Air Act, Coast Barrier Resources Act, Clean Water Act … , Coastal Zone Management Act, Endangered Species Act, Farmland Protection Policy Act, Migratory Bird Act, Wild and Scenic Rivers Act, Magnuson-Stevens Fishery Conservation and Management Act, as well

    Civilian Board of Contract Appeals
  • In the Matter of HOLLIE P.

    Agency decision · Agency decision

    Upon arriving in the United States, claimant submitted her request for reimbursement of TQSA for two periods—April 23 to 26 and April 27 to May 2, 2024. … CBCA 8208-RELO 3 The provision of allowances pursuant to the Overseas Differentials and Allowances Act and DSSR is a matter of discretion for the applicable agency. Sean P.

    Civilian Board of Contract Appeals
  • DISMISSED FOR LACK OF JURISDICTION: September 22, 2009

    Agency decision · Agency decision

    The contractor performed three consecutive contracts spanning the period from 1989 to 2006. … Brother’s Cleaning Service, Inc. v. United States, 38 Fed.

    Civilian Board of Contract Appeals
  • RESPONDENT’S MOTION FOR PARTIAL SUMMARY JUDGMENT GRANTED IN

    Agency decision · Agency decision

    Appellant states that “the parties intended for Clean Harbors’ waste profile requirement to be included in the Contract and acted accordingly.” … During this period, appellant’s representatives requested that CIH personnel complete waste profiles specifying the waste to be picked up. Appellant did not pick up any waste during this period.

    Civilian Board of Contract Appeals
  • THIS OPINION WAS INITIALLY ISSUED UNDER PROTECTIVE ORDER AND

    Agency decision · Agency decision

    .; Air Saver Systems. Air Tech; Delfield Company (The). AyrKing Corporation. Captive-Aire Systems. Carroll Manufacturing International. Duke Manufacturing Company. Gaylord Industries, Inc. … State returned the submission with no review comments, requesting Framaco to upload the correct submittal for State’s review. Exhibit 37.

    Civilian Board of Contract Appeals
  • DENIED: June 29, 2020

    Agency decision · Agency decision

    Deficiencies are noted in items such as outdoor grounds maintenance, window sills and dusting, and inconsistencies in daily cleaning, and a lack of a schedule for periodic maintenance. … That is, for the period in dispute, the agency did not require the contractor to clean and provide services in excess of those CBCA 5766 7 identified in the contract.

    Civilian Board of Contract Appeals
  • GRANTED IN PART: July 22, 2024

    Agency decision · Agency decision

    Peltier covering the period of December 3 through 11, 2020. … Adapt explained that unpinning the doors permitted the doors to “jiggle” in response to changes in air pressure.

    Civilian Board of Contract Appeals
  • DENIED: May 21, 2025

    Agency decision · Agency decision

    OPM moved to dismiss the appeal, arguing that FEHB eligibility determinations are not reviewable under the Contract Disputes Act of 1978 (CDA), 41 U.S.C. §§ 7101–7109 (2018). … Oral Argument Transcript at 63-65 (cleaned up).8 It is not OPM’s burden to prove that CM would have reenrolled in UnitedHealth’s plan.

    Civilian Board of Contract Appeals
  • MOTIONS FOR SUMMARY RELIEF DENIED: April 16, 2009

    Agency decision · Agency decision

    War Risk Surcharge (WAR) -- Insurance coverage for loss of goods resulting from any act of war or as a result of the vessel “entering” the war risk area when billed by the ocean/air TSP. … Two aspects of the note merit comment.

    Civilian Board of Contract Appeals

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