Documents

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

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  • APPELLANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT

    Agency decision · Agency decision

    The contract had an initial one-year contract period and four one-year option periods. … Initial Contract Award: If the basis of award involves evaluating options and/or award terms, the dollar value of the individual transaction must include the base period and all option periods, the award

    Civilian Board of Contract Appeals
  • CBCA 8202 DENIED; CBCA 8203 RESPONDENT’S MOTION

    Agency decision · Agency decision

    Again, as stated prior, we cannot do a final until the snow is completely gone from each post and we can do an inspection and determine if the site has been cleaned up properly. … Has Not Established Entitlement to Prompt Payment Act Interest F.O.G. claims that it is entitled to interest under the Prompt Payment Act (PPA), 31 U.S.C. § 3901–3907 (2018), caused by BLM’s alleged delay

    Civilian Board of Contract Appeals
  • DENIED: April 30, 2024

    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 . . . by an act of the Contracting Officer . . . an adjustment shall be … On May 21, 2020, Lusk returned to GSA a safety plan addressing GSA’s comments. Id.

    Civilian Board of Contract Appeals
  • DENIED: June 28, 2007

    Agency decision · Agency decision

    He also asked for a clean copy of the information regarding the systems furniture wiring. He gave Ms. … Lewis asked MMI to forward any IRS comments regarding the architectural drawings. Exhibit 96 at 24. C.A. Lewis began setting structural steel on May 28. Exhibit 96 at 27; Transcript at 90.

    Civilian Board of Contract Appeals
  • CBCA 6650 DENIED: April 26, 2023

    Agency decision · Agency decision

    Air-A-Plane Corp. v. United States, 408 F.2d 1030, 1032-33 (Ct. Cl. 1969). … That is, the contractor has not linked dollars sought to periods of alleged delays.

    Civilian Board of Contract Appeals
  • CBCA 5089 GRANTED IN PART; CBCA 5619 GRANTED:

    Agency decision · Agency decision

    Erosion control work shall be kept current immediately preceding expected seasonal periods of precipitation or runoff. … Bearing that standard in mind, we find that USDA acted reasonably when it suspended Johnson’s operations.

    Civilian Board of Contract Appeals
  • DISMISSED IN PART FOR LACK OF JURISDICTION:

    Agency decision · Agency decision

    Contract Cleaning Maintenance, Inc. v. United States, 811 F.2d 586, 592 (Fed. Cir. 1987). … The analysis contained in the Kenrich Report, performed apparently toward the conclusion of the discovery period in the appeal and not shared with respondent until pre-hearing submissions were filed, contains

    Civilian Board of Contract Appeals
  • In the Matter of JEFFREY E. KOONTZ

    Agency decision · Agency decision

    When these regulations were first proposed in 1994, they were issued for public comment. … When the final rule was issued, it was noted that: A commenter wished to add “with interest” at the end of [5 CFR 179.215].

    Civilian Board of Contract Appeals
  • DENIED: March 28, 2012

    Agency decision · Agency decision

    The government project executive and design managers would review and edit these comments in order to eliminate comments that either lacked technical merit or placed a new requirement on the contractor … on the part of the Navy attaches from such acts.

    Civilian Board of Contract Appeals
  • ORDER: February 19, 2015

    Agency decision · Agency decision

    Further, there were extensive periods – from May 2012 through March 2013, CBCA 2727, 2951, 3445, 3461, 3539, 3558, 3884, 4006 9 and again from January 2014 to the present – when there was no stay of … The purpose of these proceedings is to obtain a thorough airing of the facts associated with Kepa’s delay claims, rather than to use procedural tactics to inhibit what evidence is evaluated and presented

    Civilian Board of Contract Appeals
  • CROSS-MOTIONS FOR SUMMARY RELIEF EACH GRANTED IN PART:

    Agency decision · Agency decision

    Goel protested to Grunley that it “is in compliance with Davis Bacon Act and has properly paid [its] workers.” … abatement work, over that period.

    Civilian Board of Contract Appeals
  • DENIED: April 29, 2016

    Agency decision · Agency decision

    The contractor submitted an electronic quote with a comment: “Monthly Lease Rate of $355 is based on SDVOSB [small disadvantaged veteran-owned small business] support of the multi-year mission of your” … The agency acted pursuant to the regulation. It received the contractor’s quotation and offered to lease the vehicle for twelve months at a monthly price of $355.

    Civilian Board of Contract Appeals
  • DENIED: January 23, 2009

    Agency decision · Agency decision

    crop WITHIN THE INSURANCE PERIOD, upon final inspection, establish whether or not the insured has other fire insurance ON THE CROP IN THE FIELD. … and, thus, did not invoke a substantive rule change to the FCIA, as Rain and Hail contends, requiring notice and comment under the Administrative Procedure Act.

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

    Agency decision · Agency decision

    Standard of Review A contractor’s action challenging a contracting officer’s decision under the Contract Disputes Act “shall proceed de novo in accordance with the rules of the appropriate court [or board … “Thus, once an action is brought following a contracting officer’s decision, the parties start in court or before the board with a clean slate.” Wilner v. United States, 24 F.3d 1397, 1402 (Fed.

    Civilian Board of Contract Appeals
  • In the Matter of JAMES FORWARDING COMPANY, INC.

    Agency decision · Agency decision

    In accordance with regulation, the Navy forwarded the renewed payment request to GSA, which denied the claim as barred by the three-year limitation period set forth in the Transportation Act of 1940, 31 … GSA’s stated reasons for revisions to the FMR included a need to implement the Travel and Transportation Reform Act of 1998, Pub.

    Civilian Board of Contract Appeals
  • In the Matter of KEVIN D. REYNOLDS

    Agency decision · Agency decision

    ’s notice and comment provisions. … period.

    Civilian Board of Contract Appeals
  • In the Matter of CHARLES A. HOUSER

    Agency decision · Agency decision

    The statute further addresses extensions under (b) as follows: (b) The 90-day period under subsection (a)(1)(A) and the 30–day period under subsection (a)(1)(B) may each be extended for not more than 60 … ’s notice and comment provisions.

    Civilian Board of Contract Appeals
  • ORDER: April 3, 2015

    Agency decision · Agency decision

    granted by the IG Act. … Although that comment limits the ban on contacts to specific categories of a represented corporation’s current employees, the comment further provides that, “[i]n communicating with a current . . . constituent

    Civilian Board of Contract Appeals
  • 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.

    Civilian Board of Contract Appeals
  • 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.

    Civilian Board of Contract Appeals

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