Documents

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

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  • MOTION TO AMEND COMPLAINT GRANTED: December 17, 2010

    Agency decision · Agency decision

    The invoice seeks overtime heating, ventilating, and air conditioning (HVAC) charges that occurred from August 18, 2003, through September 17, 2003. It categorizes the charges in two columns. … However, the lease agreements in existence during the time period were the two separate lease agreements, Lease 20687 and Lease 20769.

    Civilian Board of Contract Appeals
  • DENIED: February 23, 2023

    Agency decision · Agency decision

    See National Air Cargo Group v. United States, 126 Fed. Cl. 281, 285 (Fed. Cl. 2016). … Rice’s argument that the agency acted outside of the implied duty of good faith and fair dealing is not compelling.

    Civilian Board of Contract Appeals
  • MOTION FOR PARTIAL SUMMARY JUDGMENT DENIED: April 9, 2020

    Agency decision · Agency decision

    (CSI), a schedule contract for air charter brokerage services and ancillary supplies and services in March 2009. We have the schedule contract in the record. … The disputed paragraph reads in full: Terms & Conditions Period of performance longer than 30 days will incur bi-monthly billing (every 15 days).

    Civilian Board of Contract Appeals
  • CIVILIAN BOARD OF CONTRACT APPEALS

    Agency decision · Agency decision

    ASP was notified of award and given the opportunity to review and comment upon the entire lease prior to executing it. The lease sets forth a price of $35 per rentable square foot. … Absent this, under the Tax Adjustment clause, the base tax year for this lease is the “first twelve month period coincident with full assessment.”

    Civilian Board of Contract Appeals
  • DISMISSED IN PART FOR LACK OF JURISDICTION: December 15, 2016

    Agency decision · Agency decision

    As a result, NNSA will slow down the MOX project and activities supporting the current plutonium disposition strategy during the assessment period.” … Contract Cleaning Maintenance, Inc. v. United States, 811 F.2d 586, 592 (Fed. Cir. 1987).

    Civilian Board of Contract Appeals
  • In the Matter of DAVID C. SCHEIVERT

    Agency decision · Agency decision

    Lomboy, CBCA 5979-RELO, 18-1 BCA ¶ 37,079 (upholding Air Force denial of extension request when it based its decision on claimant’s voluntary actions and not circumstances beyond his control, and when … Examples include, but are not limited to when: (a) Delivery of your household goods to your new residence is delayed due to strikes, customs clearance, hazardous weather, fires, floods or other acts of

    Civilian Board of Contract Appeals
  • In the Matter of MIAMI-DADE COUNTY, FLORIDA

    Agency decision · Agency decision

    Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. §§ 5121–5207 (2018), the President declared the COVID-19 pandemic a national emergency. Proclamation No. 9994, 85 Fed. … FEMA issued a determination memorandum (DM) on August 16, 2023, approving only $42,910.01 for emergency disinfection and deep cleaning at the three MDCD correctional facilities. Id.

    Civilian Board of Contract Appeals
  • CBCA 3246 DISMISSED FOR LACK OF JURISDICTION;

    Agency decision · Agency decision

    The following questions were asked at the site showing: NRCS Comment. … “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.”

    Civilian Board of Contract Appeals
  • In the Matter of LARRY E. HAMILTON

    Agency decision · Agency decision

    On January 6, 2007, pursuant to section 847 of the National Defense Authorization Act for Fiscal Year 2006, Pub. L. … Alaska Air Alaska Air Delta Air Southwest $290.45 127.02 477.50 211.50 With regard to the following charges, claimant states that he made arrangements for the itineraries but was unable to attend the

    Civilian Board of Contract Appeals
  • DENIED: September 26, 2008

    Agency decision · Agency decision

    CBCA 1038 2 The Board has jurisdiction over this timely-filed appeal pursuant to the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613, as amended (CDA). … agreement reached (the substantive differences are found in the description of services to be performed, and seeming lack of signatures on the contractorproffered agreement), the parties agree that, for the period

    Civilian Board of Contract Appeals
  • MOTION TO DISMISS DENIED: January 17, 2023

    Agency decision · Agency decision

    representative of the Contracting Officer shall witness these tests. 14. 552.270-6 – MAINTENANCE OF BUILDING AND PREMISES – RIGHT OF ENTRY (SEP 1999) Except in case of damage arising out of the willful act … Specifically excluded from the Lessor’s obligation to perform routine maintenance under the Lease during this period is that Lessee will take immediate action to maintain, repair or make any necessary

    Civilian Board of Contract Appeals
  • MOTION TO DISMISS FOR LACK OF JURISDICTION

    Agency decision · Agency decision

    The contracting officer did not include any notice of appeal rights in her letter or indicate that the letter was a “final decision” under the Contract Disputes Act (CDA), 41 U.S.C. §§ 7101–7019 (2018) … Contract Cleaning Maintenance, Inc. v. United States, 811 F.2d 586, 592 (Fed. Cir. 1987).

    Civilian Board of Contract Appeals
  • In the Matter of BRYON L. CRAIG

    Agency decision · Agency decision

    of the situation reveal that the employee acted in a prudent manner.” … To the contrary, the cited provision states, “When the Government purchases commercial air, train, or bus transportation, per diem is allowed for the actual time needed to travel over the direct route

    Civilian Board of Contract Appeals
  • In the Matter of MONIKA M. DERRIEN

    Agency decision · Agency decision

    Sweat instructing them to update the comment field with a reason why the agency authorized POV and to sign a cost comparison form for mileage reimbursement. … The Board has recognized that in the Travel and Transportation Act of 1998, “Congress . . . waived sovereign immunity by granting interest to employees on certain tardy payments.” Nicholas J.

    Civilian Board of Contract Appeals
  • GRANTED IN PART: September 20, 2011

    Agency decision · Agency decision

    costs: OPERATING COSTS, GSAR 552.270-33 (JUN 1985) CBCA 2075 4 (a) Beginning with the second year of the lease and each year after, the Government shall pay adjusted rent for changes in costs for cleaning … Cir. 2007) (“Ratification requires knowledge of material facts involving the unauthorized act and approval of the activity by one with authority.”).

    Civilian Board of Contract Appeals
  • In the Matter of BOWLING GREEN-WARREN COUNTY

    Agency decision · Agency decision

    GMP 737917), was for costs incurred during the period from July 2, 2022, to May 11, 2023. … Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. §§ 5121–5207 (2018), sets forth this panel’s authority to conduct arbitrations. Id. § 5189a(d).

    Civilian Board of Contract Appeals
  • GRANTED: March 31, 2011

    Agency decision · Agency decision

    The daily diaries for this period do not document any problems with IGS’s performance. Id. … IGS took the position that OSM was responsible for the costs to clean up the grout because it had ordered borehole 11M to be drilled through the sewer line. Appeal File, Exhibit 14.

    Civilian Board of Contract Appeals
  • In the Matter of DAVID R. FERGUSON

    Agency decision · Agency decision

    CGSC provides graduate-level education for Army majors as well as for students from the Air Force, Navy, and Marines, along with civilian government personnel and foreign military officers. … an incapacitating illness or injury of the employee, or personal emergency, involving illness, incapacitation, or death of a family member, or other emergency situation such as a fire, flood, or other act

    Civilian Board of Contract Appeals
  • MOTIONS TO DISMISS DENIED: February 14, 2017

    Agency decision · Agency decision

    FAR 52.242-14 – SUSPENSION OF WORK (APR 1984) provides, in part, that: (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, or (2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time

    Civilian Board of Contract Appeals
  • DENIED: July 3, 2019

    Agency decision · Agency decision

    The contract included a base period of performance beginning August 1, 2017, and ending July 31, 2018, with four oneyear option periods. … We see no evidence that the VA acted in bad faith, abused its discretion, or acted out of bias. We deny appellant’s summary judgment motion.

    Civilian Board of Contract Appeals

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