Documents
Briefs, oral arguments, agency decisions and the Federal Register.
399 results
0.14s
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.
Civilian Board of Contract AppealsMOTIONS TO DISMISS DENIED: September 8, 2010
Agency decision · Agency decision
The Mineral Leasing Act of 1920, as amended, and the Outer Continental Shelf Lands Act, 43 U.S.C. § 1353 et. seq., authorized the respondent to take a portion of the natural gas produced under federal … The Department of the Interior and Related Agencies Appropriations Act of 2001, Pub. L.
Civilian Board of Contract AppealsAgency decision · Agency decision
The Federal Courts Improvement Act of 1982, Pub. L. … This comment was intemperate.
Civilian Board of Contract AppealsCBCA 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).
Civilian Board of Contract AppealsGRANTED IN PART: September 27, 2011
Agency decision · Agency decision
Co., 112 IBCA ¶ 77 (1989), requiring federal policy decisions within the context of the APA to be subject to rulemaking and comment. … The APA exempts from notice, comment, and rulemaking any matter relating to contracts. 5 U.S.C. § 553(a)(2).
Civilian Board of Contract AppealsDISMISSED 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
Civilian Board of Contract AppealsIn 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
Civilian Board of Contract AppealsDISMISSED 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
Civilian Board of Contract AppealsIn 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.
Civilian Board of Contract AppealsMOTION 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.
Civilian Board of Contract AppealsGRANTED 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.
Civilian Board of Contract AppealsIn 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.
Civilian Board of Contract AppealsGRANTED 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.
Civilian Board of Contract AppealsMOTIONS 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.
Civilian Board of Contract AppealsAgency 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.
Civilian Board of Contract AppealsRESPONDENT’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
Civilian Board of Contract AppealsCROSS-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
Civilian Board of Contract AppealsAgency 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 AppealsTHIS 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
Civilian Board of Contract Appeals
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