URS Federal Support Services, Inc., ASBCA No. 60364 (Dec. 5, 2016) (dismisses as moot appeal from Contracting Officer's decision that was subsequently withdrawn)

BAE Systems Tactical Vehicle Systems LP, ASBCA Nos. 59491, 60433 (Dec. 5, 2016) (dismisses (as moot) appeal based on decision alleging government claim for defective pricing, which Contracting Officer rescinded)

B3 Solutions LLC, ASBCA No. 60654 ( Dec. 1, 2016) (dismisses direct appeal by second-tier subcontractor for lack of jurisdiction because there was no privity of contract with the Government and no claim sponsored by the prime)

The Adamant Group for Contracting and General Trading, ASBCA No. 60316 (Nov. 29, 2016) (dismisses appeal as time-barred because contractor failed to follow-up with any inquiries on an unpaid invoice until more than nine years  had passed)

KBAJ Enterprises, LLC t/d/b/a Home Again, ASBCA No. 60014 (Nov. 22, 2016) (dismisses appeal because contractor's alleged claim letter was not sent to Contracting Officer and did not request a decision by the Contracting Officer)

Sauer Inc., ASBCA No. 60366 (Nov. 17, 2016) (strikes claim raised for first time in Complaint filed with Board)

ABS Development Corp., ASBCA Nos. 60022, et al.(Nov. 17, 2016) (dismisses appeal because typing name of alleged claim certifier in cursive font does not result in signature that can be authenticated)

RECO Rishad Engineering Construction ORG, ASBCA No. 60444 (Nov. 10, 2016) (dismisses appeal because claim certification included only typed name of official and was not signed), contractor's motion for reconsideration denied

Washington Star Construction Co., ASBCA No. 60644 (Nov. 8, 2016) (dismisses appeal for failure to submit claim to Contracting Officer)

Genuine Construction Co., ASBCA No. 60626 (Nov. 7, 2016) (dismisses appeal for failure to submit claim to Contracting Officer)

Excel Link Construction Co., ASBCA No. 60419 (Nov. 7, 2016) (dismisses appeal appealing designation as "Not Eligible for Installation Access" in vendor vetting program because there was no contract between the firm and the Government and no prior claim to the Contracting Officer)

Creative Times Dayschool, Inc. ASBCA Nos. 58507, 59779 (Oct. 20, 2016) (court lacks jurisdiction over appeal from Contracting Officer's response to submission that had begun as a claim but which the contractor had subsequently converted into an REA)

Military Aircraft Parts, ASBCA No. 60739 (Oct. 12, 2016) (notice of appeal rights in decision by Contracting Officer need not inform contractor that if it chooses appeal to Court of Federal Claims company cannot be represented by non-attorney appearing pro se)

Colonna's Shipyard, Inc., ASBCA Nos. 59987, et al. (Oct. 6, 2016) (Board lacks jurisdiction over contractor's (i) claim that its due process rights were violated by Government's failure to permit contractor to review and respond to negative comments in CPAR before it was published and (ii) contractor's request for injunctive relief or specific performance, but retains jurisdiction over other disputes involving CPARs)

Marine Amazon Construction Co., ASBCA No. 60658 (Oct. 4, 2016) (dismisses appeal involving claim not previously submitted to Contracting Officer for decision)

KBAJ Enterprises, LLC  t/d/b/a Home Again, ASBCA Nos. 59932, et al.  (Sep. 9, 2016) (dismisses appeals because contractor did not submit monetary claims for sum certain to Contracting Officer)

Fahim Noori Construction Co., ASBCA No. 60659 (Sep. 8, 2016) (dismisses appeal because contractor's only submission to Contracting Officer was routine request for payment as an invoice)

Amaratek, ASBCA No. 60503 (Sep. 7, 2016) (dismisses appeal because claim challenging Government's in-sourcing decision is akin to bid protest over which Board lacks jurisdiction)

Exelis, Inc., ASBCA No. 60131 (Aug. 29, 2016) (dismisses Government's CAS 404 claim because building lease is not a tangible asset), Government's motion for reconsideration denied

Suzan Co., ASBCA No. 59817 (Aug. 17, 2016) (dismisses appeal because no evidence certification was provided to Contracting Officer before decision on claim was issued)

Arab Shah Construction Co., ASBCA No. 60553 (Aug. 4, 2016) (dismisses appeal because no evidence claim in any form was filed with Contracting Officer)

Panjshir Kandahur Construction Co., ASBCA No. 60173 (July 14, 2016) (dismisses appeal because no claim (only a routine invoice) was filed previously with Contracting Officer)

GSC Construction, Inc., ASBCA Nos. 59402 , 59601 (July 12, 2016) (Board has jurisdiction to decide whether termination based on alleged violations of contract's labor provisions was justified)

ABB Enterprise Software , Inc., f/k/a Ventyx, ASBCA No. 60314 (June 29, 2016) (Board has jurisdiction over dispute involving license agreement connected with software that Government was acquiring under CDA contract)

Black Tiger Co., ASBCA No. 59819 (June 29, 2016) (after appellant alleged existence of contract and provided some evidence of it, Board refuses to dismiss appeal based on Government's contention that it could find no reference to such a contract in its records)

Government Services Corp., ASBCA No. 60367 (June 20, 2016) (Board had jurisdiction over contractor's claim for "$100,000" because it was stated as a sum certain even though, in response to Contracting Officer's query re how that amount was calculated, contractor stated it was "good faith estimate . . . derived by a simple mathematical formula of estimating the future expense, both administrative and legal, that is expected to be required to counter the apparent bad faith libelous actions of" the Government)

Kellogg Brown & Root Services, Inc., ASBCA Nos. 58518, 59005 (June 16, 2016) (denies contractor's motions for summary judgment alleging that government nonmonetary and monetary claims were filed more than six years after they accrued)

Access Personnel Services, Inc., ASBCA No. (June 15, 2016) (denies Government's motion to dismiss appeal as untimely because contractor showed detrimental reliance on the absence of notice of its appeal rights in the Contracting Officer's decision)

Military Aircraft Parts, ASBCA No. 60139 (June 3, 2016) (no jurisdiction over contractor breach claims that implicitly were challenges to default terminations the contractor had not timely appealed), contractor's motion for reconsideration denied

Mansoor International Development Services, ASBCA Nos. 59466, et al. (May 19, 2016) (dismisses (as untimely) appeals filed more than 12 months after receipt of Contracting Officer's decisions because record shows contractor  failed to show prejudice from defective notice of appeals rights in decisions and received notice of its appeal rights by other means and was aware of them)

Leviathan Corp., ASBCA No. 58659 (May 12, 2016) (contractor's appeal based on written settlement offer made and signed by  DCMA Contracting Officer in form of proposed contract modification, which contractor accepted by signing, was sufficient to establish CDA jurisdiction of Board despite the fact that the original contracting entity (Iraq's CPA) was not one over which the Board has jurisdiction)

Public Warehousing Co., K.S.C., ASBCA No. 59020 (May 2, 2016) (liability for Prompt Payment Act penalties accrues, for each invoice, when the Government pays the invoice without paying any required  Prompt Payment interest; Board denies Government motion for summary judgment based on six-year limitations period because Government did not allege when each invoice was paid)

Military Aircraft Parts, ASBCA No. 60336 (Apr. 25, 2016) (no jurisdiction over appeal alleging termination of contract was a breach because it was not filed within 90 days of termination), contractor's motion for reconsideration denied. 

Bushra Co., ASBCA No. 59918 (Apr. 22, 2016) (appeal filed more than 90 days of notice of termination is untimely even though notice referred contractor to applicable FAR provisions rather than directly stating its appeal rights because contractor did not allege any prejudice from defect in termination notice) motion for reconsideration denied.

Afghan Active Group (AAG), ASBCA No. 60387 (Apr. 14, 2016) (contractor's emails to Contracting Officer evidencing intent to "appeal" (even absent direct appeal to Board and specific indication that the Board was where the contractor wanted its appeal filed) were sufficient for jurisdiction at Board, especially where the Contracting Officer's decision had not advised the contractor of its option of filing suit at the Court of Federal Claims)

Global Engineering & Construction, LLC, ASBCA Nos. 60072, et al. (Apr., 1, 2016) (no CDA jurisdiction because contractor's letters to Government did not amount to claim, especially where the amount at issue exceeded $100,000, but there was no certification; Government's letter to contractor did not contain indicia of finality that would constitute government claim)

AeroVironment, Inc., ASBCA Nos. 58598, 99 (Mar. 30, 2016) (proposed amendments to Government's answers are actually new claims first raised by Government's trial attorney over which ASBCA lacks jurisdiction because they are beyond scope of Contracting Officer's decision)

HK&S Construction Holding Corp., ASBCA No. 60164 (Mar. 25, 2016) (absent any indication in any of multiple copies of Contracting Officer's decision sent to contractor as to which of of them is supposed to start the appeal clock running, contractor is entitled to use the copy that it received last)

Aetna Government Health Plans, ASBCA No. 60207 (Feb. 10, 2016) (refuses to dismiss proper appeal from deemed denial because Contracting Officer failed to issue decision within 60 days of submission of certified claim and failed to specify non-contingent date by which decision could be expected)

Shavers-Whittle Construction, LLC, ASBCA No. 60025 (Feb. 9, 2016) (no jurisdiction over direct appeal by subcontractor, especially where letter subcontractor claims was its claim was not for a sum certain and was not certified and where subcontractor requested action (to have the prime contract voided) beyond Board's jurisdiction)

Military Aircraft Parts, ASBCA No. 60290 (Feb. 4, 2016) (termination for convenience belatedly  issued  after contractor already had submitted breach claim based on prior, erroneously issued cancellation, did not deprive Board of jurisdiction over appeal involving alleged breach)

Kellogg Brown & Root Services, Inc., ASBCA No. 58583 (Jan. 19, 2016) (denies Government's motion to dismiss claim for lack of jurisdiction (as time-barred) after Sikorsky established that the CDA's six-year limitations period is not jurisdictional)

Shafi Nasimi  Construction and Logistics Co.,  ASBCA No. 59916 (Jan. 6, 2016) (absent allegation of prejudice or detrimental reliance, Contracting Officer's default termination, which notified contractor of right to appeal but not time limits, was valid and started 90-day appeal clock; dismisses untimely appeal for lack of jurisdiction because Government's communications with contractor during appeal period could not reasonably be considered as a reconsideration of Contracting Officer's decision) 

Strobe Data, Inc., ASBCA No. 60123 (Jan. 5, 2016) (dismisses appeal for lack of jurisdiction because claim for a "minimum" of, and "likely more" than, a stated amount was not for a sum certain)

Global Energy U.S.-DLA Acquisitions LLC, ASBCA No. 59996 (Nov. 10, 2015) (dismisses appeal after contractor fails to identify its representative for purposes of Board's proceedings)

Ahjar  Shat Alarab Albidhaa Co., ASBCA No. 59868 (Nov. 4, 2015) (denies Government's motion to dismiss for lack of jurisdiction because Government failed to present credible evidence that it had failed to receive emailed claim sent to address Government had previously provided to contractor)

Air Services, Inc., ASBCA No. 59843 (Oct. 22, 2015) (denies Government's motion to dismiss claim for lack of CDA jurisdiction: revised REA satisfied requirements for a claim in context of totality of parties' communications even though it did not include a request for a Contracting Officer's decision; DFARS  252.243-7002  certification included with REA was deficient but correctable CDA certification)

Matcon Diamond, Inc. ASBCA No. 59637 (Oct. 21, 2015) (denies Government's motion to dismiss for failure to state claim upon which relief can be granted because Government has not shown from pleadings alone that claim was not submitted until after final payment or that Government was not aware of basis of claim prior to that time)

Bahram Malikzada Construction Co., ASBCA Nos. 59613, -14 (Oct. 8, 2015) (dismisses appeal as untimely because email sent by  contractor to Contracting Officer within 90 day period stating it "would start its appeal" did not express an intent to appeal to Board)

DynPort Vaccine Co. LLC, ASBCA No.  60119 (Sep. 30, 2015) (Contracting Officer cannot divest Board of its CDA jurisdiction to entertain appeals from government claims by issuing a letter characterizing his six unilateral contract modifications directing performance of corrective work at no cost to the Government as something other than final decisions)

MicroTechnologies, LLC, ASBCA Nos. 59911, 12 (Sep. 29, 2015) (ASBCA strikes portion of Complaint asking that Government be ordered to revise CPAR because Board does not have jurisdiction to grant specific performance or injunctive relief), subsequently Board struck portion of amended Complaint requesting remand to Contracting Officer with requirement to provide revised, fair CPAR

Bell Helicopter Textron Inc. and The Boeing Co., ASBCA No. 59561 (Sep. 16, 2015) (individual from one company had requisite authority to sign claim certification on behalf of both; appeal filed jointly in names of two companies will be construed as having been brought by their joint venture that was the contracting party)

Environmental Chemical Corp., ASBCA No. 58871 (Sep. 14, 2015) (allows contractor to amend Complaint concerning delay claim by adding count for Eichleay  unabsorbed overhead damages and certain allegations concerning breaches of the implied warranty of good faith and fair dealing because new language arose from same operative facts as delay claim and could reasonably be inferred from it; refuses to recognize amendment adding other allegations of breach of implied duty of good faith and fair dealing because it could not have been a part of original claim)

Freedom Systems, LLC, ASBCA No. 59259 (Sep. 3, 2015) (under Severin doctrine, contractor is barred from pursuing pass-through subcontractor claim from which subcontractor already has released contractor from all liability)

Subsurface Technologies, ASBCA No. 59774 (Sep. 1, 2015) (no jurisdiction over appeal previously pursued at, and rejected on the merits by, Court of Federal Claims)

CDM Constructors, Inc., ASBCA No. 59524 (Aug. 27, 2015) (dismisses (for lack of jurisdiction) counts of Complaint requesting Board to order the Government to terminate contract for convenience or to issue a modification because these are essentially claims for injunctive relief)

Big Iraqi Co., ASBCA No. 59822 (Aug. 20, 2015) (Board lacks jurisdiction over appeal involving MOA pursuant to which firm was required to deliver and set up trailers and related equipment to be used as a temporary school for Iraqi children in the village of Al Awad, Iraq)

Soap Creek Marina, LLC, ASBCA No. (Aug. 18, 2015) (Board lacks jurisdiction over portion of claim for alleged future damages of $985,462 identified in complaint because such damages were reasonably known to the contractor at the time it submitted its initial claim to the Contracting Officer but were not certified)

Smart Construction & Engineering, Co., ASBCA No. 59354 (June 18, 2015) (dismisses (for lack of standing) appeal filed by individual who did not meet requirements of Board rule 15(a)

Equine Architectural Products, Inc., ASBCA No. 59743 (June 4, 2015) (no jurisdiction over claim that was not in a sum certain and was not certified)

White Hand Co., LLC, ASBCA No. 59184 (June 2, 2015) (no jurisdiction over I-CERP contract funded entirely by Iraqi government for benefit of Iraqi people)

Kellogg Brown & Root Services, Inc., ASBCA No. 58175 (May 13, 2015) (based on analysis of when claim accrued, government claim did not run afoul of six-year limit for asserting claim), motion for reconsideration dismissed as untimely

Al Rafideen Co., ASBCA No. 59156 (May 7, 2015) (no jurisdiction over claim lacking signed certification)

Joseph Sottolano, ASBCA No. 59777 (Apr., 22, 2015) (dismisses appeal because one attempted claim letter did not state sum certain and follow-up did not include certification)

Tessada & Assocs., ASBCA No. 59446 (Apr. 21, 2015) (notice of appeal addressed to Contracting Officer and deposited in mailbox within 90 days of receipt of Contracting Officer's decision was timely filed)

Suodor Al-Khair Co - SAKCO for General Trading, ASBCA Nos. 59036, 59037 (Apr. 14, 2015) (Government failed to prove existence of earlier Contracting Officer's decision provided to the contractor than the decision from which contractor timely appealed)

U.S. Coating Specialties & Supplies, LLC, ASBCA No. 58245 (Apr. 9, 2015) (denies Government's motion to dismiss because open questions remain as to whether Contracting Officer induced contractor into agreement that Bankruptcy Court would reject contract on assumption the Government would then terminate only for convenience)

Al Nawars Co. , ASBCA Nos. 59043, 44 (Apr. 8, 2015) (denies Government's motion to dismiss allegedly tardy claims for lack of jurisdiction because, after CAFC's decision in Sikorsky, failure to comply with CDA's six year period for filing claims is no longer proper subject for jurisdictional motion)

Tech Projects, LLC,  ASBCA No. 58789 (Mar. 26, 2015) (allegation that SBA's acceptance of requirement for 8(a) program created implied-in-fact contract was sufficient to establish Board's jurisdiction over appeal)

Laitifi Shagiwall Construction Co., ASBCA No. 58872 (Mar. 24, 2015) (no jurisdiction over dispute involving Commanders' Emergency Response Program (CERP) contract not covered by CDA) 

Combat Support Assocs., ASBCA No. 58945, 58946 (Mar. 16, 2015) (vacates prior decision dismissing government claim for lack of jurisdiction because of Fed. Cir.'s holding in Sikorsky Aircraft that CDA's six-year requirement for asserting claim is not a statute of limitations)

HEB International Logistics, ASBCA No. 59448 (Mar. 12, 2015) (dismisses claims for lack of jurisdiction because language in claim letter was not close enough to required language to be considered certification)

Anwar Alsabah Co., ASBCA No. 59737-957 (Mar. 3, 2015) (no jurisdiction over request to direct Contracting Officer to issue decision because no evidence of a certified claim)

Tokyo Co., ASBCA No. 59709-953 (Feb. 12, 2015) (Board directs Contracting Officer to issue decision, noting that Contracting Officer could not rely on a decision previously issued before the contractor had submitted the required certification for its claim) 

GSC Construction, Inc., ASBCA No. 59401 (Feb. 11, 2015) (dismisses appeal because required certifications were not submitted until after Contracting Officer's decision was issued and, in one case, until after appeal filed)

TTF, LLC, ASBCA Nos. 59511, -13, -15 (Feb. 5, 2015) (contractor receiving multiple copies of final decision on different days is entitled to compute 90-day period of appeal from date of last copy received)

GSC Construction, Inc. ASBCA No. 59046 (Feb. 4, 2015) (denies contractor's motion to amend its complaint to add two new claims because both of them did not arise from the same operative facts as the original claim under appeal and neither was a proper claim that had been the subject of a valid decision by Contracting Officer) 

Axxon International, ASBCA Nos. 59497, 8 (Jan. 21, 2015) (Board has jurisdiction over misdirected appeal sent to agency counsel within 90 day period; second appeal is timely because it was received on Monday following Sunday that was 90 days from date contractor received Contracting Officer's decision)

DynPort Vaccine Co. LLC, ASBCA No. 59298 (Jan. 15, 2015) (unilateral mod directing contractor to perform corrective work at no cost was a government claim from which contractor could appeal; Government required to file complaint)

Agility Logistics Services Company KSC, ASBCA Nos. 57415 et al. (Dec. 9, 2014) (no jurisdiction over appeals involving definitization of task orders under ID/IQ contract issued to appellant by Coalition Provisional Authority of Iraq)

USAC Aerospace Group, Inc. dba USAC Aerospace Group: Aerostructures, ASBCA Nos. 59114 et al. (Dec. 4, 2014) (judges timeliness of appeals based upon whether they were sent by email to Contracting Officer within 90-day period)

Atlas International Trading Corp., ASBCA No. 59091 (Dec. 2, 2014) (bribery of Government's program manager in connection with obtaining contract rendered it void ab initio)

Agility Defense & Government Services, Inc., ASBCA Nos. 58870, 59621 (Nov. 14, 2014) (denies Government's motion to dismiss; convenience termination issued after original termination claim did not moot all elements of claim)

Lael Al Sahab & Co., ASBCA Nos. 58344, 59009(Nov. 13, 2014) (grants motion to dismiss for failure to submit proper CDA claims to Contracting Officer)

Canon Solutions America, Inc., ASBCA No. 59540 (Nov. 5, 2014) (no jurisdiction over dispute under delivery order that involved issues related to underlying GSA schedule contract absent decision by GSA Contracting Officer)

Vertex Construction & Engineering, ASBCA No. 58988 (Nov. 7, 2014) (submission of fraudulent master electrician certification in order to obtain contract rendered it void ab initio)

Combat Support Assocs., ASBCA Nos. 58945, 58946 (Oct. 22, 2014) (denies contractor's motion to dismiss government claims as time barred by CDA statute of limitations, but reserves right to examine issue further once record is more fully developed)

New Iraq Ahd Co., ASBCA Nos. 58763, 59286 (Oct. 22, 2014) (no jurisdiction over (i) one uncertified claim or (ii) another claim submitted more than six years after all events that gave rise to Government's alleged liability occurred)

Favor Co., ASBCA No. 58843 (Oct. 16, 2014) (dismisses appeal because there is no evidence of a prior claim submitted to Contracting Officer), contractor's motion for reconsideration denied

Lulus Ostrich Ranch, ASBCA Nos. 59252, 59450 (Oct. 10, 2014) (Board lacks jurisdiction to grant request for injunctive relief to stay default terminations and collection actions by the Government)

Besal Al-Reeh Company, ASBCA No. 58612 (Sep. 23, 2014) (no jurisdiction over appeal absent prior claim submission to Contracting Officer)

Mansoor International Development Services, ASBCA No. 58423 (Sep. 4, 2014) (termination letter notifying contractor it had "right to appeal under the disputes clause," but not including required language about time limits and possible forums for appeal, did not start appeal clock running)

VLOX, LLC, ASBCA Nos. 59305, et al. (Sep. 3, 2014) (contractor's "initial" requests for payment were, nevertheless, claims because they were labeled as such, were for sums certain, and demanded payments as a right with supporting statements of fact and legal narratives, were certified, and included requests for decisions by the Contracting Officer)

ASFA International Construction Industry and Trade, Inc., ASBCA No. 57880 (Sep. 2, 2014) (government claim for liquidated damages time-barred under CDA; contractor not required to submit claim that Government waived right to assess liquidated damages before raising that allegation as a defense to Government's claim on appeal)

Binghamton Simulator Co., ASBCA No. 59117 (Aug. 21, 2014) (dismisses attempt at direct (unsponsored) appeal by subcontractor from prime contractor's decision)

Kellogg Brown & Root Services, Inc., ASBCA No. 58492 (Aug. 18, 2014) (dismisses claim due CDA's six-year statute of limitations that had originally been withdrawn voluntarily; no equitable tolling)

Macro-Z Technology, ASBCA No. 56711 (Aug. 18, 2014) (on its own motion, Board dismisses pre-award claim only quantified during proceedings at Board)

Bizhan Niazi Logistic Services Company, ASBCA No. (Aug. 13, 2014) (dismisses appeal for lack of jurisdiction because no prior CDA claim submitted to Contracting Officer)

CCIE & Co., ASBCA Nos. 58355, 59008 (Aug. 12, 2014) (contractor converted routine request for payment into CDA claim by repeated queries seeking payment after the Government's continued failure to pay its original invoice)

Commissioning Solutions Global, LLC, ASBCA No. 59254 (Aug. 7, 2014) (dismisses appeal of breach of contract claim for failure to state claim upon which relief can be granted because contract was IQ contract and Government fulfilled its obligations by ordering the minimum required quantity)

Abdul Ahad Khadim Construction Company, ASBCA No. 59206 (Aug. 7, 2014) (dismisses uncertified claim in excess of $100,000), motion for reconsideration dismissed as untimely

Pros Cleaners, ASBCA No. 59067 (Aug. 6, 2014) (dismisses appeal filed 490 days after receipt of Contracting Officer's decision)

Integrity Management Services, Inc., ASBCA Nos. 58214, et al. (Aug. 1, 2014) (dismisses appeals covered by release language in settlement agreement and holds it lacks jurisdiction over enforcement of federal tax liabilities) 

PHA-JMR, JV, ASBCA No. 59032 (Aug. 1, 2014) (dismisses appeals because underlying claim was not for a sum certain, but rather for "at least" a stated amount and because lack of evidence that person submitting and certifying the claim had requisite authority to represent JV)

Lee's Ford Dock, Inc., ASBCA No. 59041 (July 23, 2014) (dismisses appeal with regard to claim of superior knowledge not previously presented to Contracting Officer for decision), request for reconsideration denied

Environmental Safety Consultants, Inc., ASBCA No. 58343 (July 25, 2014) (CDA statute of limitations has run on portion of termination settlement proposal that covers price adjustment claim for alleged increased costs that accrued more than 14 years before claim submitted) Government's motion for reconsideration of two alleged mistakes in statement of facts denied; contractor's motion for reconsideration denied

Certified Construction Co. of Kentucky, ASBCA No. 58782 (July 8, 2014) (dismisses portion of claim that accrued more than six years before it was submitted to the Contracting Officer)

Creek Services, LLC, ASBCA No. 59127 (July 1, 2014) (dismisses, as untimely, appeal filed more than 90 days after contractor received Contracting Officer's decision)

New Iraq Ahd Co., ASBCA No. 58778 (June 12, 2014) (dismisses appeal for lack of jurisdiction because MOA contingent on availability of funds that never became available was not a contract)

Zomord Co., ASBCA No. 59065 (June 10, 2014) (denies government motion to dismiss appeal as untimely because contractor could reasonably have concluded Contracting Officer was reconsidering decision; denies government motion to dismiss claim as time-barred  because it was filed more than two months before six- year CDA statute of limitations would have expired) 

AL Wahej Al Lamea Co., ASBCA No. 59125 (June 9, 2014) (dismisses appeal absent evidence person who filed it is authorized representative meeting requirement of Board Rule 26)

Patriot Pride Jewelry LLC, ASBCA No. 58953 (June 9, 2014) (Board has non-CDA jurisdiction over AAFES contract with Disputes clause that confers on Board authority to decide all disputes arising under or related to agreement; agreement did not require Government to advertise contractor's products)

Superior Maritime Services, Inc., et al., ASBCA Nos. 58580, 58691 (June 9, 2014) (denies Navy's motion to dismiss for lack of jurisdiction; non-FAR based transportation contract still governed by CDA, and Transportation Officer who administered contract met CDA definition of Contracting Officer)

Leidos, Inc., f/k/a Science Applications International Corporation, ASBCA No. 59076 (June 6, 2014) (grants government motion to substitute contract for one incorrectly identified in government claim for alleged mis-allocation of costs in CAS-covered contracts)

Laguna Construction Co., ASBCA No. 58569 (May 29, 2014) (government claim is time-barred by CDA's six year statute of limitations)

POZ Engineering and Environmental Consulting, ASBCA Nos. 58853, 59004 (May 13, 2014) (no jurisdiction over appeal involving termination settlement proposal that was still being negotiated at time of appeal; however, jurisdiction over subsequent appeal of same matter because Contracting Officer had issued "settlement by determination" after former appeal had been filed)

Ensign-Bickford Aerospace & Defense Co., ASBCA No. 58671 (May 5, 2014) (although appeal was premature when originally filed, Board has jurisdiction when Contracting Officer still has not issued decision on underlying claim as of date of Board's decision on jurisdictional motion and more than a reasonable amount of time has passed)

Suh'dutsing Technologies, LLC, ASBCA No. 58760 (Apr. 28, 2014) (denies government motion to dismiss claim; Contracting Officer's letter near end of original 60-day deadline for issuing a decision stating it would be "at least" another 60 days before a decision was issued was not sufficiently definite to comply with 41 U.S.C. n 7103(f)(2)(B), and contractor was authorized to appeal at any time from that point forward)

S&L Enterprise, Inc., ASBCA No. 58792, 58793 (Apr. 24, 2014) (grants contractor's requests to dismiss appeals without prejudice because (i) the parties agreed no impasse had occurred in negotiations over convenience termination settlement proposal before Contracting Officer had issued decision; and (ii) contractor had not certified another claim in excess of $100,000) 

Zara Co., ASBCA No. (Apr. 23, 2014) (emails to Contracting Officer that contractor alleged constituted the claim did not specify a sum certain)

Tokyo Co., ASBCA No. 59059 (Apr. 23, 2014) (no jurisdiction over $920,602 claim with a certification without a physical signature and bearing only the company's stamp and the typed written name of its general manager)

Maersk Line Limited, Inc., ASBCA No. 58779 (Apr. 23, 2014) (Board has CDA jurisdiction over dispute involving GSA claims for overcharges under FAR-based transportation services contract covered by CDA (rather than GSA under dispute resolution procedures of Transportation Act of 1940); contractor's submission to Contracting Officer, based on assertion that the GSA overcharge notices are not consistent or compatible with the provisions of the CDA, FAR or the contract, was a claim within meaning of CDA)

Puget Sound Environmental Corp., ASBCA Nos. 58827, 58828 (Apr. 17, 2014) (no jurisdiction over claim for contract adjustment based on alleged misclassification of DOL wage rates prior to ruling on such classification by DOL; jurisdiction over claim for adjustment based on allegation in original claim amounting to claim of bad faith termination of delivery order)

Esood Al Blad Co., ASBCA No. 58425 (Apr. 4, 2014) (dismisses appeal involving uncertified claim for $500,000)

Singleton Enterprises, ASBCA No. 58325 (Mar. 24, 2014) (dismisses appeal filed more than 90 days after contractor sent email acknowledging receipt of Contracting Officer's decision)

FRASSON LODOVICO, S.r.l., ASBCA No. 58645 (Feb. 10, 2014) (appeal filed within 90 days of receipt of mailed copy of Contracting Officer's decision was timely, even though that was more than 90 days after the date by which the Board had ordered the Contracting Officer to issue his decision)

The R.R. Gregory Corp., ASBCA No. 58517 (Feb. 6, 2014) (claim for remission of liquidated damages filed more than six years after they were withheld is barred by CDA's statute of limitations)

Commissioning Solutions Global, LLC, ASBCA No. 59007-945 (Feb. 5, 2014) (dismisses request for board order directing Contracting Officer to issue a decision because the underlying claim did not include a sum certain) 

Taj Al Rajaa Co., ASBCA No. 58801 (Feb. 5, 2014) (dismisses claim appeal of claim filed more than six years after it accrued), motion for reconsideration dismissed as untimely

Hanley Industries, Inc., ASBCA No. 58198 (Jan. 15, 2014) (for purposes of CDA's statute of limitations, dispute did not arise and claim did not accrue until Government advised contractor of Government's interpretation of disputed provision)

Balad Alshemal Earth Co., ASBCA No. 58590 (Jan. 7, 2014) (dismisses appeal for lack of jurisdiction because contractor disavowed any connection with purported appeal notice)

WorleyParsons International, Inc., ASBCA No. 57930 (Dec. 20, 2013) (Board lacks CDA jurisdiction over government claim against only one member of JV, when JV was the contracting entity)

New Iraq Ahd Co., ASBCA No. 58800 (Dec. 17, 2013) (Board lacks jurisdiction over uncertified claim in excess of $100,000), contractor's motion for reconsideration denied

Linc Government Services, LLC, ASBCA Nos.  58561, et al. (Dec. 5, 2013) (given all the surrounding circumstances, contractor's letters implicitly requested Contracting Officer's decisions concerning interpretation of contract terms and, therefore, were valid CDA claims; contractor complied with CDA requirements by sending letter to Contracting Officer identified in contract; the fact that a new Contracting Officer (with a different address) had been assigned without notice to the contractor did not invalidate the claim submission)

Fluor Corp., ASBCA No. 57852 (Dec. 5, 2013) (for purposes of CDA statute of limitations, Government's CAS noncompliance claim first accrued as of date CAS noncompliance audit was completed for all payments made to contractor prior to that date and, thereafter, was a continuing claim that accrued for each subsequent payment to the contractor as it was made)

Duncan Aviation, Inc., ASBCA No. 58733 (Dec. 3, 2013) (certification submitted subsequent to, but clearly referencing, prior REA converted REA into CDA claim; request for Contracting Officer's decision was implicit in correspondence read as a whole)

Alnawars Co., ASBCA No. 58678 (Nov. 19, 2013) (dismisses untimely appeal (filed 140 days after receipt of COs decision) for lack of jurisdiction)

Public Warehousing Co. K.S.C., ASBCA No. 58078 (Nov. 12, 2013) (Contracting Officer's repeated delays (totaling more than four years) in issuing decision on claim in order to wait for judicial outcomes in separate fraud cases is appealable deemed denial)

Development & Evolution Construction Co., ASBCA No. 58342 (Nov. 7, 2013) (no jurisdiction over appeal demanding convenience termination settlement amount in excess of $100,000 because prior termination settlement proposals submitted to C.O. were not certified)

Metag Insaat Ticaret A.S., ASBCA No. 58616 (Nov. 4, 2013) (under theory of deemed denial, Board has jurisdiction over appeal filed (i) before C.O. issued decision on claim and (ii) less than 60 days after original claim was filed because C.O. still has not issued decision and much more than 60 days have now passed)

CB of Bozeman, Inc., dba Maintenance Patrol, ASBCA No. 58533 (Nov. 1, 2013) (Government's failure to notify contractor of appeal rights in "memorandum" denying claim coupled with subsequent government actions that led contractor to believe Government was reconsidering decision excused contractor's failure to appeal within 90 days; yearly releases executed by contractor are defense to current claims for additional SCA wage increases)

Ft. McCoy Shipping & Services, ASBCA No. 58673 (Oct. 9, 2013) (Board had jurisdiction over appeal commenced by letter submitted directly to Contracting Officer within 90 days of the Contracting Officer's decision because the letter (i) referenced the contracting officer's final decision, (ii) included the contract number, (iii) expressed dissatisfaction with the decision, (iv) made clear the contractor was seeking resolution by higher authority, and (v) stated: "This letter serves as my notice of intent to appeal.")

Mawaraa AlBihar Co., ASBCA No. 58585 (Sep. 27, 2013) (no jurisdiction over uncertified claim in excess of $100,000)

EJB Facilities Services, ASBCA No. 58314 (Sep. 26, 2013) (denies motion to dismiss government claim for fire damages because it is just different theory of recovery for same claim previously decided by Contracting Officer; denies government motion to dismiss contractor's complaint as request for declaratory relief not previously decided by Contracting Officer because it is just an answer to the Government's claim that includes a suggestion as to why the Board should deny the claim)

Alalamiah Technology Group Co. (K.S.C.C.) , ASBCA No. 58582 (Sep. 18, 2013) (no jurisdiction over appeal by disappointed bidder)

Xerox Corp., ASBCA No. 58478 (Sep. 13, 2013) (Dismisses appeal involving Army National Guard delivery order because it requires interpretation of underlying FSS contract, which is a matter for the GSA's Contracting Officer and the CBCA)

Kellogg Brown & Root Services, Inc., ASBCA No. 58578 (Sep. 9, 2013) (denies government motion to dismiss appeal regarding proper interpretation of contract clause even though Government has not taken any action to enforce its interpretation by denying costs involved in dispute)

Protecting the Homeland Innovations, LLC, ASBCA No. 58366 (Aug. 26, 2013) (non-CDA appeal; no jurisdiction over claim of promissory estoppel because it involves claim of contract implied-in-law and WMATA has not waived sovereign immunity with respect to such claims)

International Oil Trading Co., ASBCA Nos. 57491 et al. (Aug. 19, 2013) (Board has jurisdiction over Government's affirmative defense that contracts were obtained by bribery and were void ab initio)

Baghdadi Swords Co., ASBCA No. 58539 (Aug. 19, 2013) (dismisses appeal for failure to certify claim in excess of $100,000)

Lael Al Sahab & Co., ASBCA No. 58346 (Aug. 2013) (dismisses most of claims for failure to certify claim in excess of $100,000)

Dongbuk R&U Engineering Co., ASBCA No. 58300 (Aug. 13, 2013) (dismisses appeal because agreement obtained through fraudulent misrepresentations was void ab initio)

Baghdad Fallujah Co., ASBCA No. 58489 (Aug. 14, 2013) (dismisses appeal for failure to certify claim in excess of $100,000), motion for reconsideration denied

Honeywell International, Inc., ASBCA No. 57779 (Aug. 7, 2013) (portions of delivery order were illegal or invalid terms that the Board lacks jurisdiction to enforce)

Amina Enterprise Group, LTD, ASBCA Nos. 58547, 58548 (July 24, 2013) (gratuitous statements in pro se appellant's notice of appeal from default termination regarding remedies Board does not have power to grant and future claim do not deprive Board of jurisdiction)

Corporate Systems Resources, Inc., ASBCA No. 58398 (July 11, 2013) (no jurisdiction over claim by subcontractor under Washington Metropolitan Transit Authority prime contract)

Hewlett-Packard Co., ASBCA Nos. 57940, 41 (July 9, 2013) (jurisdiction is appropriate because resolution of appeal only requires interpretation of Army delivery orders, not underlying GSA schedule contract or BPA)

Premier Group, ASBCA No. 58263 (June 21, 2013) (denies Government's motion to dismiss an appeal as untimely because of declaration from appellant's attorney that he placed the notice appeal in a U.S. Postal Service mail receptacle on the 90th day from the day the contractor received the Contracting Officer's decision denying its claim)

TTF, L.L.C., ASBCA No. 58494 (June 19. 2013) (grants contractor's motion to withdraw appeal without prejudice, rending Government's motion to dismiss for lack of jurisdiction moot)

Environmental Safety Consultants, Inc., ASBCA No. 58221 (June 6, 2013) (grants motion to dismiss appeal from refusal to grant progress payment request because underlying claim never submitted to Contracting Officer for decision and was not certified)

Henry Stranahan, ASBCA No. 58392 (May 8, 2013) (Board lacks jurisdiction over appeal from decision to debar contractor)

MAC International FZE, ASBCA No. 56355 (Apr. 23, 2013) (Board lacks jurisdiction over claims for PPA interest because contracts were not with Government (see prior decision) and no claim was first submitted to Contracting Officer)

Impact Associates, Inc., ASBCA No. 57617 (Apr. 19, 2013) (no jurisdiction over claim under FSS Task order because dispute involves interpretation of provisions in FSS contract, itself, which must be decided by GSA schedule CO)

MOQA - AQYOL JV, LTD, ASBCA No. 57963 (Apr. 9, 2013) (denies government motion to disqualify individual from representing contractor before Board because it is based on alleged violation of criminal statute, which individual denies, and which Board lacks jurisdiction to determine)

Servicios y Obras Isetan S.L., ASBCA No. 57584 (Apr. 5, 2013) (dismisses appeal because contract obtained through fraud in the inducement is void ab initio) 

United Healthcare Partners, Inc., ASBCA No. 58123 (Apr. 2, 2013) (dismisses monetary portion of termination for cause appeal because contractor had not submitted that part of claim to Contracting Officer for decision)

Taj Al Safa Co., ASBCA No. 58394 (Apr. 1, 2013) (dismisses appeal for lack of CDA jurisdiction because it is questionable whether contractor's emails constituted a demand for a Contracting Officer's decision on a claim for a sum certain, but, in any event, there was no certification of amount sought in excess of $100,000)

Shubhada Industries, ASBCA No. 58173 (Mar. 21, 2013) (denies Government's motion to dismiss for lack of jurisdiction; party brining appeal is contracting party which has presented evidence it was licensed to do business at the time of contracting)

Lockheed Martin Services, Inc., ASBCA No. 58028 (Feb. 20, 2013) (denies (for lack of jurisdiction) government motion for partial summary judgment seeking return of license costs previously paid to contractor because there was no underlying Contracting Officer decision asserting the claim)

Tele-Consultants, Inc., ASBCA No. 58129 (Feb. 4, 2013) (Claimant need only allege contract existed in order to establish Board's jurisdiction; whether such a contract actually was formed goes to the merits of the appeal)

Tri-County Contractors, Inc., ASBCA No. 58167 (Nov. 13, 2012) (especially in context of earlier communications on same subject, a request for equitable adjustment addressed to Contracting Officer and seeking "written response," accompanied by CDA certification, constituted CDA claim)

EJB Facilities Services, ASBCA No. 57547 (Oct. 12, 2012) (denies motion to dismiss for lack of CDA jurisdiction based on allegation that person who submitted the claim was former government employee who, prior to his retirement, had participated personally and substantially in the solicitation leading to the award of the contract at issue and, therefore, violated 18 U.S.C. 207(a)(1))

Green Dream Group, ASBCA Nos. 57413 et al. (Sep. 13, 2012) (denies Government's motion to dismiss appeals for lack of jurisdiction; contractor changed its name and then changed its address in Baghdad because of an explosion, but was the same entity that had been awarded original contract)

Utility Construction Co., ASBCA No. 57224 (Aug. 17, 2012) (denies Government's motion to dismiss for failure to prosecute based on appellant's delays)

ERKA Construction Co., Ltd., ASBCA No. 57618 (Aug. 16, 2012) (dismisses one count of complaint for lack of CDA jurisdiction because prior letter to Contracting Officer did not request a decision and was not certified)

Daniel S. Sinclair, Callan E. Sinclair and Cayman C. Sinclair, ASBCA Nos. 56768 et al. (July 16, 2012) (no CDA jurisdiction over claims for "a minimum of" stated amount; Government's termination of lease did not extinguish its contractual obligation to make specified improvement, which was main reason for lessor to enter lease in the first place)

Intermark Managed Services, Inc., ASBCA Nos. 57654, 57655 (June 22, 2012) (denies government motions to dismiss--Board has jurisdiction where joint venture became prime contractor under modified contract and joint venture member was authorized by relevant jv documents to file appeal on behalf of joint venture; where contractor submitted affidavit to board that original claim was certified and, prior to appeal, Contracting Officer repeatedly referred to it as certified claim, Contracting Officer's statements on appeal that those references were a matter of form and that she first noticed after appeal that the claim package did not include certification were unavailing)

Parsons Evergreene L.L.C., ASBCA No. 57794 (June 22, 2012) (dismisses appeal for lack of jurisdiction  because government letter notifying contractor that Government intended to assess liquidated damages, absent an actual assessment and absent notice of appeal rights and statement that it was a final decision, was not an appealable final decision)

TMS Envirocon, Inc., ASBCA No. 57286 (June 18, 2012) (dismisses most claims for failure to comply with CDA's six-year statute of limitations; denies claim for REA preparation costs because prepared in anticipation of litigation, not negotiations, and unreasonable in amount compared to cost of claims); subsequently, affirmed on reconsideration.

NOVA Technology Corp., ASBCA No. 57943 (May 30, 2012) (no jurisdiction over dispute involving cooperative agreement that does not meet FAR definition of a contract)

Caddell Construction Co., ASBCA No. (May 21, 2012) (Board has jurisdiction over contractor's claim for a mistake in bid allegedly induced by the contracting agency's' "confusion" in allegedly failing to designate clearly the applicable Davis-Bacon Act wage determination rate for structural ironworkers on a building construction task order)

Waterstone Environmental Hydrology and Engineering, Inc., ASBCA No. 57557 (Apr. 26, 2012) (dismisses appeal not filed at ASBCA within 90 days of receipt of Contracting Officer's decision--contractor originally appealed to the wrong forum)

CACI, International, Inc., ASBCA No. 57559 (2012) (Board has jurisdiction over appeal from government finding of noncompliance with CAS 403 even though there is no finding of monetary impact of alleged noncompliance)

Triad Mechanical, Inc., ASBCA No. 57971 (Apr. 13, 2012) (dismisses appeal for lack of CDA jurisdiction because termination for convenience settlement proposal submitted by contractor was not a claim despite the facts that contractor had labelled it as such and government had requested additional documentation before completing its audit of proposal)

A-1 Horton's Moving Service, Inc., ASBCA No. 57750 (Apr. 6, 2012) (denies government motion to dismiss for lack of jurisdiction; claim for breach of transportation services contract when no services have been provided, as opposed to claim for monies due once services under such agreement have been provided, is governed by CDA rather than section 3726 of Transportation Act); affirmed on reconsideration. 

Ironhorse Ltd., ASBCA No. 57866 (Apr. 4, 2012) (reminder letter sent three months after submission of original REAs to Contracting Officer converted those REAs into claims filed within CDA's six-year statute of limitations)

SWR, Inc., ASBCA No. 56708 (Mar. 19, 2012) (denies government motion to dismiss for lack of jurisdiction; contractor took sufficient steps under 11 U.S.C. 1123 to preserve its claim in bankruptcy by adequately disclosing the claim in its reorganization plan and disclosure statement)

Basirat Construction Firm, ASBCA Nos. 56808 et al. (Feb. 16, 2012) (dismisses appeal over contractor's objections based on prior, valid settlement agreement)

Muhtesem Co., ASBCA No. 57538 (Feb. 7, 2012) (grants motion to dismiss (for lack of jurisdiction) the following elements of damages claimed to result from Government's late final payment under contract: interest on borrowing; loss of reputation; and loss of anticipatory profits on other business opportunities)

ACR Machine, Inc., ASBCA No.57762 (Feb. 2, 2012) (contractor's email to Contracting Officer requesting an extension of 120 days, from the date of  the reply, to a purchase order is a "request for an adjustment in contract terms" under the definition of a claim in the "Disputes" clause  (FAR 52-233.1) and, thus, is a claim under the CDA)

The Boeing Co., ASBCA No. 57490 (Jan. 6, 2012) (dismisses government claim against contractor because Contracting Officer's decision on claim  not issued within six-year statute of limitations of CDA (41 U.S.C. § 7103(a)(4)(A), formerly 605(a))

Quimba Software, Inc., ASBCA No. 57636 (Dec. 19, 2011) (dismisses untimely appeal; receipt of Contracting Officer's decision by email does not extend 90-day period for filing appeal)

Harry Richardson, ASBCA No. 57582 (Dec. 9, 2011) (no jurisdiction because no claim submitted to Contracting Officer)

Sharp Electronics Corp., ASBCA No. 57583 (Dec. 6, 2011) (no jurisdiction because claim should have been submitted to CO of GSA schedule contract rather than the CO of agency placing delivery order under the schedule contract)

Office Automation & Training Consultants, ASBCA No.56838 (Nov. 21, 2011) (no jurisdiction over theory of recovery first presented to Board as part of motion for reconsideration and never presented to Contracting Officer)

Broadway Consolidated Companies, Inc., ASBCA No. 56905 (Nov. 14, 2011) (company in Chapter 7 bankruptcy lacks standing to pursue appeal, which is dismissed for lack of jurisdiction)

Special Operative Group, LLC, ASBCA No. 57678 (Oct. 19, 2011) (dismisses progress payment request in excess of $100,000 for lack of CDA jurisdiction because it did not include CDA certification and progress payment certification it did include is not adequate substitute)

Charles Mullens, ASBCA Nos.  56927, 57432 (Oct. 13, 2011) (in non-CDA concession contract, no jurisdiction over an appeal from no-fault termination  absentan underlying claim)

Zafer Taahut Insaat ve Ticaret A.S., ASBCA No. 56770 (Sep. 14, 2011) (denies government motion to dismiss and holds contractor's submission met the requirements for a claim (certified, request for CO's decision, sum certain) under the CDA)

Tiger Enterprises, Inc., ASBCA No. 57447 (Aug. 5, 2011) (contractor failed to submit claim to Contracting Officer requesting decision in sum certain on disputed invoices)

Ball Aerospace & Technologies Corp., ASBCA No. 57558 (July 20, 2011) (claim containing following language adequately claimed a sum certain within meaning of CDA: "[t]his claim is for the sum certain amount of$72,730.29 relating to fiscal year CFY') 2003 costs that the government has failed to reimburse, plus future costs to be incurred using the FY 2003 indirect rates at issue and interest under the CDA")

Connectec Co., ASBCA No. 57546 (July 12, 2011) (dismisses appeal from modification (stating that purchase order had lapsed) because the contractor did not first to file claim with Contracting Officer)

lCME Group, Inc., ASBCA No. 57446 (June 23, 2011) (Board lacks jurisdiction over appeal from termination for convenience because such an action, standing alone, is not a government claim)

Maria Lochbrunner, ASBCA Nos. 57235, 57236 (June 13, 2011) (dismisses appeals filed more than 90 days after receipt of contracting officer's decision as untimely)

HomeStar Services Inc., ASBCA No. 57194 (May 13, 2011) (dismisses appeal from default termination for lack of jurisdiction because dissolved corporation lacked the capacity to accept the purchase order that was the subject of the appeal)

Green Dream Group, ASBCA No. 57413 (Apr. 4, 2011) (Board refuses to dismiss appeal: authorized individual signed certification, which was correctable even though defective)

Basirat Construction Firm, ASBCA No. 56809 (Mar. 8, 2011) (dismisses claim not first presented to the Contracting Officer for decision)

AmerescoSolutions, Inc., ASBCA Nos.  56824, 56867 (Mar. 4, 2011) (delivery order issued by DESC pursuant to a DOE contract was a separate DoD contract over which the ASBCA had CDA jurisdiction on appeal)

Precision Standard, Inc., ASBCA No. 55865 (Jan. 20, 2011) (dismisses claim for lack of CDA jurisdiction because it does not contain sum certain)

C.E.M.E.S. S.p.A., ASBCA Nos. 56253, 57355 (Dec. 29, 2010) (dismisses one appeal for lack of a CDA certification and denies another because the Contracting Officer did not change the sequence of work and, although the contractor was worried about the presence of unexploded ordnance in the construction site and took extra precautions based on its fears, it did not encounter any and, therefore, could not recover for a Differing Site Condition)

Shaw Environmental, Inc., ASBCA No. 57237 (Dec. 16, 2010) (strikes allegations from complaint that were not part of original claim to Contracting Officer)

Thorington Electrical and Construction Co., ASBCA No. 56997 (Dec. 13, 2010) (in firm, fixed-price construction contract, absent EPA clause, contractor not entitled to recover its increased costs for asphalt caused by unusually large spike in gasoline prices)

Parsons Global Services, Inc., ASBCA No. 56731 (Dec. 3, 2010) (dismisses appeal for lack of CDA jurisdiction because contractor omitted all required steps for claiming subcontract indirect costs and, therefore, Government was never in a position to 'dispute' any of these costs)

Tefirom Insaat Enerji Sanayi ve Ticaret A.S.,  ASBCA No. 56667 (Nov. 29, 2010) (dismisses appeal for lack of CDA jurisdiction because there was no certification of a claim in excess of $100,000)

Kelly-Ryan, Inc., ASBCA No. 57168 (Nov. 29, 2010) (denies Government's motion to dismiss as premature (or, alternatively to stay proceedings concerning) an appeal from a deemed denial of a $ 36 million claim of more than 3,500 pages after the Contracting Officer informed the contractor that a decision would require a year from the time the claim was originally submitted)   

Cardinal Maintenance Service, Inc., ASBCA No. 56885 (Nov. 24, 2010) (dismisses portion of claims time barred by CDA's six-year statute of limitations)

Western Plains Disposal, ASBCA No. 56986 (Nov. 24, 2010) (refuses to dismiss appeal for lack of jurisdiction because submission of Certification of Current Cost of Pricing Data instead of CDA certification was a correctable error)

MAC International FZE, ASBCA No. 56366 (Oct. 29, 2010) (Board lacks jurisdiction over claim for payment pursuant to orders under ID/IQ contract between contractor and Coalition Provisional Authority ("CPA"), funded with Iraqi funds, for delivery of vehicles because CPA is not U.S. government agency)

Utility Construction Co., ASBCA No. 57224 (Oct. 27, 2010) (claim that stated amount claimed satisfied CDA requirement for a sum certain, even though the Government complained it could not ascertain how the delay portion of the claim was calculated)

A. Montano Electrical Contractor, ASBCA No. 56951 (Oct. 27, 2010) (Board lacks CDA jurisdiction over direct claim by subcontractor for monies allegedly owed by prime where sub's claim is not sponsored by prime or surety)

Systems Development Corp., ASBCA No 56682 (Oct. 15, 2010) (dismisses claim that accrued more than six years before it was submitted to Contracting Officer)

Inchcape Shipping Services, ASBCA No. 57152, et al. (Oct. 14, 2010) (whether case involves maritime contracts, and, therefore, admiralty jurisdiction)

Sygnetics, Inc., ASBCA No. 56806 (Oct. 12, 2010) (dismisses appeal for lack of CDA jurisdiction because the original certification was not signed)

JRS Management, ASBCA No. 57238 (Oct. 4, 2010) (laches bars claim)

Northrop Grumman Systems Corp, Space Systems Division, ASBCA No. 54774 (July 23, 2010) (alternative legal theory first raised in post-hearing briefs but based on same operative facts as theory in original claim is not a new claim; Board lacks jurisdiction over improper exercise of option claim because it is not encompassed by claim submitted to Contracting Officer; portion of appeal involving allegations not stated in sum certain is severable from remainder of claim and, therefore, does not require dismissal of that claim)

J. P. Donovan Construction, Inc., ASBCA No. 55335 (July 16, 2010) (dismisses entire claim as lacking a sum certain after contractor stated it would be adding an approximate amount of G&A expenses onto its subcontractor's sum certain claim)

Colonna's Shipyard, Inc., ASBCA No. 56940 (June 24, 2010) (Board lacks jurisdiction to grant request for specific performance or injunctive relief, i.e., board cannot order Government to change contractor's performance rating; board can determine whether performance rating breached a contract requirement or provision)

Versar, Inc., ASBCA No. 56857 (May 6, 2010) (definition of CDA claim; no jurisdiction over contractor's request that Board order the Government rescind "red" performance rating)

Inchcape Shipping Services, ASBCA Nos. 57152 - 57160 (May 6, 2010) (denies government motion to remove set of nine appeals from the Rule 12.3 accelerated docket because the choice to use accelerated procedures under the CDA is the contractor's)

Lasmer Industries, Inc. ASBCA Nos. 56946, 56966 (Apr. 26, 2010) (refuses to dismiss appeal based on deemed denial of claim for issuance of "no cost" termination based upon allegedly impossible specifications)

Starwin Industries, Inc., ASBCA No. 56720 et al. (Apr. 22, 2010) (lack of jurisdiction over quantum portion of claim appealing default termination, which had not been submitted to Contracting Officer for decision)

Hanley Industries, Inc., ASBCA No. 56976 (Apr. 22, 2010) (letter from Contracting Officer revoking acceptance of items under the Inspection clause and reserving the Government's right to quantify the amount it associated with this action at a later date was not a CDA claim and could not be appealed)

Guy W. Parker d/b/a Parker International, ASBCA No. 56928 (Apr. 5, 2010) (no jurisdiction over claim not submitted to Contracting Officer for decision; res judicata bars claim previously litigated at the Board)

Bernard Cap Co., ASBCA Nos. 56679, et al. (Feb. 19, 2010) (dismisses most claims as time barred by CDA statute of limitations)

Todd Pacific Shipyards Corp., ASBCA Nos. 55126, 56910 (Feb. 1, 2010) (lack of jurisdiction over revised claim not submitted to Contracting Officer for decision; CDA statute of limitations; when claim for breach of "Allowable Cost and Payment Clause  accrues)

Wimberly, Allison, Tong & Goo, ASBCA No. 56432 (Jan. 28, 2010) (Board lacks jurisdiction over government claim that Contracting Officer rescinded after appeal to Board was filed because the claim was contingent, rather than in a sum certain)

Rahil Exports, ASBCA No. 56832 (Jan. 11, 2010) (dismissed for lack of jurisdiction because subcontractor had no privity of contract with Government either through an alleged agency relationship with prime or through a quantum meruit recovery via an implied-in-fact contract)

Smoke Blotter, Inc., ASBCA No. 56933 (Jan. 7, 2010) (no jurisdiction over protest of task order award)

Unconventional Concepts, Inc., ASBCA Nos. 56065, et al. (Dec. 28, 2009) (lack of Contracting Officer's decision on government claims)

McDonnell Douglas Services, Inc., ASBCA No. 56568 (Dec. 2, 2009) (Government's defective pricing claims against subcontractor time-barred by CDA's six year statute of  limitations)

Parsons-UXB Joint Venture, ASBCA No. 56481 (Nov. 5, 2009) (denies government motion to dismiss for lack of jurisdiction; CDA statute of limitations; contingent claim amount)

HGI Skydyne, ASBCA Nos. 56108, 56664 (Nov. 3, 2009) (dismisses claim for lack of jurisdiction because it is based on the same operative facts as claim that contractor failed to appeal in timely manner)

Wimberly, Allison, Tong & Goo, Inc. ASBCA No. 56432 (Oct. 29, 2009) (dismisses appeal for lack of jurisdiction after Contracting Officer rescinded his decision on government claim against contractor)

KBJ Architects, Inc., ASBCA No. 56434 (Oct. 26, 2009) (dismisses appeal for lack of jurisdiction after Contracting Officer rescinded his decision )

DynCorp International LLC, ASBCA No. 56078 (Oct. 20, 2009) (knowledge of mistake; accrual of claim; continuing claim doctrine; separate claim for each option year)

DTS Aviation Services, inc. ASBCA No. 56352 (Oct. 14, 2009) (denies cross motions for summary judgment on issues whether claim is time barred by CDA statute of limitations, by doctrine of accord and satisfaction, or by the notice provision of the "Price Adjustment" clause)

^HMRTECH2, LLC., ASBCA 56829 (Oct. 9, 2009) (finds CDA jurisdiction over claim that Government's interpretation of contract clause would improperly deprive contractor of future task orders under contract)

Montage, Inc., ASBCA No. 56796 (Oct. 7, 2009) (sufficiency of notice of appeal and complaint)

Public Warehousing Co., K.S.C., ASBCA No. 56888 (Sep. 25, 2009) (Contracting Officer's statement that she would issue a decision on a stated date certain was not "illusory" even though she also stated that one of the reasons she could not issue a decision sooner was the pendancy of an ongoing government fraud investigation; Contracting Officer's statement that a claim would be decided in five months was not unreasonable given the size and complexity of the claim)

Guy W. Parker d/b/a Parker International, ASBCA No. 56742 (Sep. 21, 2009) (dismisses appeal on one claim as untimely and dismisses appeal on another dispute because no CDA "claim" was ever filed with the Contracting Officer)

Vibration and Sound Solutions Limited, ASBCA No. 56240 (Sep. 15, 2009) (procedure; motion to strike portions of complaint as not being part of claim originally submitted to Contracting Officer)

Steven Allen Fiamengo, MD, ASBCA No. 56668 (Aug. 13, 2009) (dismisses for lack of CDA jurisdiction a non-certified claim in excess of $100,000 that was never submitted to Contracting Officer)

Madison Lawrence Inc., ASBCA No. 56551 (Aug. 13, 2009) (CDA jurisdiction; requisites for a valid claim; deemed denial)

FitNet International Corp., ASBCA No. 56605 (July 23, 2009) (denies Government's motion to dismiss; Contracting Officer's decision on contractor's claims effectively was a reconsideration of earlier default termination decision)

Free & Ben, Inc., ASBCA No. 56129 (Apr. 14, 2009) (termination for default; denies cross motions for summary judgment; Government's duty to cooperate with contractor in its performance; appeal of Contracting Officer's failure to issue decision on claim)

Ironhorse, Ltd., ASBCA No. 56455-920 (Mar. 5, 2009) (requirements for a CDA claim; order directing contracting officer to issue decision on claims; lack of certification on one claim; failure of contractor to sign emails supplementing certain claims)

Sundt Construction, Inc. ASBCA No. 56293 (Feb. 23, 2009) (Board has jurisdiction to enforce term of settlement agreement requiring that Government give contractor a specified performance rating in return for dropping claims)

KiSKA Construction Corp.-USA and Kajima Eng'g and Construction, Inc., a JV, ASBCA Nos. 54613, 54614 (Feb. 19, 2009) (non-CDA claim; non-CDA "Disputes" clause; release of retainage; changes claims)

Robinson Quality Constructors, ASBCA No. 55784 (2008) (CDA's six-year statute of limitations bars claim)

ACC Construction Co., ASBCA No. 56451 (2008) (no board jurisdiction over portion of prayer for relief in Complaint that seeks return of liquidated damages when original claim was only for contract interpretation)

Atherton Construction, Inc., ASBCA No.  56040 (2008) (accrual of claim; statute of limitations; presentation of claim to Contracting Officer; requirements for notice of claim in presentation to Contracting Officer; equitable adjustment under Government Property clause)

RC Fluid Engineering, Inc., ASBCA No. 56228 (2008) (dismisses appeal against bad faith failure to exercise an option for lack of jurisdiction because it was actually a bid protest against award of a sole source contract to appellant's competitor)

KAMP Systems, Inc. ASBCA No. 54253 (2008) (Board lacks CDA jurisdiction over claims in contractor's revised complaint that had not been submitted to the Contracting Officer for a decision)

Corners and Edges, Inc. ASBCA Nos. 55767, 56277 (2008) (CDA; ASBCA jurisdiction versus CBCA jurisdiction; government mishandling of mailed claim)

Qatar International Trading Co., ASBCA No. 55518 (2008) (responsibility for payment for unauthorized calls made on phones delivered to Government; tort issues raised as a government defense; jurisdiction over tort claims)

Dick Pacific, GHEMM, JV, ASBCA No. 55829 (2008) (grants Government's motion to dismiss for lack of jurisdiction to the extent of striking the portions of the contractor's complaint concerning the release of liquidated damages and other payment withholdings and that seek damages and costs based upon alleged breach of duty, contract breach, cardinal or other contract change, and constructive termination for convenience principles)

SET Dis Ticaret ve Sanayi Limited Sirketi, ASBCA No. 56428 (2008) (dismisses untimely appeal filed more than a year after the Contracting Officer's decision for lack of CDA jurisdiction)

Robertson & Penn, Inc., ASBCA No. 55622 (2008) (date of accrual of claim for purposes of six-year statute of limitations; elements of claims of government misrepresentation and mutual mistake of fact; failure of government to designate contractor as its agent)

Lasmer Industries, Inc., ASBCA No. 56411 (2008) (requirements for appealable Contracting Officer's decision)

CANVS Corp., ASBCA No. 56347 (2008) (definition of "contractor" for purposes of CDA; patent infringement)

Fuel Tank Maintenance Co., LLC, ASBCA Nos. 54402, 54516 (2008) (Type 2 differing site condition; claim for concrete demolition; definition of claim; request for contracting officer decision)

Teknocraft, Inc., ASBCA No. 55438 (2008)(jurisdiction; failure to certify)

Total Procurement Service, Inc. ASBCA Nos. 54163, 55821 (2008) (CDA jurisdiction; failure to state a sum certain in claim; failure to prove damages from breach)

Qatar International Trading Co., ASBCA No. 55533 (2008) (lack of CDA jurisdiction over claim for Government's loss of bulldozer after it towed the dozer from an accident site)

Eagle Alliance, ASBCA No. 56315 (2008) (ASBCA has jurisdiction over NSA contract appeals)

Mr. Michael Ronchetti and RFIDcomplete, LLC. ASBCA No. 56201 (2008) (lack of CDA jurisdiction over subcontractor's unsponsored appeal)

Southwest Marine, Inc., ASBCA No. 54550 (2008) (maritime dispute; credit due Government as a result of forgiveness by creditors of certain contractor debts; necessity for Contracting Officer's decision on government claim)

Northrop Grumman Ship Systems, Inc., ASBCA No. 55616 (2008) (CDA Jurisdiction; deemed denial of claim)

SUFI Network Services, Inc., ASBCA No. 55948 (2008) (non-appropriated funds instrumentality contract, timeliness of claim, notice of claim, laches, final payment)

Doyon Properties-American, JV, ASBCA No. 55842 (2007) (prime's failure to certify sponsored subcontractor claim)

Lockheed Martin Corp., ASBCA No. 55786 (2007) (CDA jurisdiction; no claim to the Contracting Officer)

Alutiiq, LLC, ASBCA No. 55672 (2007) (CDA jurisdiction: deemed denial)

KAMP Systems, ASBCA No. 55317 (2007) (CDA jurisdiction: 90 day time limit for appeal)

Local Communications Network, Inc., ASBCA No. 55154 (2007) (CDA jurisdiction: unquantified claims; incorporation of clauses by operation of law)

Rex Systems, Inc. ASBCA No. 54436 (2007) (lack of sum certain in claim) 

Cubic Defense Applications, Inc., ASBCA No. 56097 (2007) (failure of KO to issue decision within reasonable time)

Diamond Roofing Co., ASBCA No. 55847 (2007) (subcontractor claim; lack of jurisdiction)

DLT Solutions, Inc., ASBCA No. (2007) (timeliness of appeal to Board)

Maersk Line, Ltd., ASBCA No. 55391 (2007) (CDA jurisdiction)

Eimskipafeleg Island, ehf, ASBCA No. 55209 (2007) (CDA jurisdiction)

Business Managements Research Assocs., ASBCA Nos. 55309, 55862 (2007) (CDA jurisdiction; certification)

Bruce E. Zoeller, ASBCA No. 55654 (2007) (CDA claim; definition of claim)

ESA Environmental Specialists, Inc., ASBCA No. 55620 (2007) (Tardy appeal from Contracting Officer's decision)

Factek, LLC, ASBCA No. 55345 (2007) (CDA jurisdiction)

HAM Investments, LLC, ASBCA No. 55070 (2007) (CDA jurisdiction)

Business Managements Research Assocs., ASBCA No. 55309  (2007) (CDA jurisdiction; promissory estoppel)

Environmental Safety Consultants, Inc., ASBCA No. 54615 (2007) (CDA--Timeliness of claim)

Lockheed Martine Aircraft Center, ASBCA No. 55164 (2007) (CDA Jurisdiction--Sum Certain) 

Dick Pacific//GHEMM JV, ASBCA Nos. 55562, 55563 (2007) (CDA Jurisdiction--Timeliness)

KAMP Systems Inc., ASBCA No. 55317 (2006) (CDA Jurisdiction--Timeliness)

Todd Pacific Shipyards Corp., ASBCA No. 55126 (2006) (sufficiency of claim statement)

HAM Investments, LLC, ASBCA No. 55070 (2006) (jurisdiction--Privity of Contract)

Sullivan Marina & Campground, L.L.C., ASBCA No. 55355 (2006) (claim statement)

Emerson Constr. Co., ASBCA No. 55165 (2006) (CDA Six-Year Statute of Limitations)

GAP Instrument Corp., ASBCA No. 55041 (2006) (scope of claim; request for sum certain; lost profits)

Contract Interpretation; Mistake; Changes; Breach; Contracting Officer's Authority; Defective Specs; Differing Site Condition; Miscellaneous Price Adjustment Clauses

Astro Systems, Inc., ASBCA Nos. 60769, -81 (Dec. 20, 2016) (contract did not required Government to pay lessor profit on cost of repairs resulting from damage caused by government personnel)

Ricoh USA, Inc., ASBCA No. 59408 (Dec. 5, 2016) (denies contractor's claim based on Government's use of fewer leased copiers than contractor expected because contract was a requirements contract that clearly contemplated the forecast number of units might be reduced without any penalty, and Government did not include extraneous language submitted in unsolicited parts of contractor's proposal in executed contract)

Smart Way Transportation Services, ASBCA No. 60315 (Nov. 21, 2016) (Government satisfied all obligations by permitting the contractor to invoice for the minimum guaranteed order quantity during base period under ID/IQ contract), contractor's motion for reconsideration denied

Tetra Tech Facilities Construction, LLC, ASBCA Nos. 58568, 58845 (Nov. 15, 2016) (contractor established that unsuitable subsurface soil constituted Differing Site Condition)

ABC Data Entry Systems, Inc., ASBCA No. 59865 (Nov. 10, 2016) (no liability for negligent estimate of work on indefinite-quantity contract)

Creative Times Dayschool, Inc. ASBCA Nos. 58507, 59779 (Oct. 20, 2016) (contractor failed to prove: (i) Government required paving work beyond original contract requirements; (ii) roofing specification was defective; (iii) Government unreasonably delayed roofing work;  or (iv) Government changed requirements regarding fall prevention system or management team; contractor entitled to remission of liquidated damages for period of time it took parties to agree on solution to problem arising during construction)

Contrack International, Inc., ASBCA No. 59917 (Oct. 19, 2016) (contractor not entitled to summary judgment for delay damages for third party's (Afghan National Army's) delay in moving vehicles off worksite)

Ensign-Bickford Aerospace & Defense Co., ASBCA No. 57929 (Oct. 20, 2016) (Government failed to prove its rejection of production lots was proper; characteristics of First Article do not change or add to contract requirements for production lots)

HCS, Inc., ASBCA No. 60533 (Sep. 20, 2016) (Government failed to present evidence in support of its post-contract, unilateral 50% price reduction for allegedly deleted work as a result of an earlier unilateral change order)

Ft. McCoy Shipping & Services, ASBCA No. 58673 (Sep. 20, 2016) (denies claims for various categories of costs because the contract required the contractor to be responsible for them, the contract contained no basis for their recovery, they constituted ordinary business expenses, or the contractor incurred them as a volunteer after the contract had ended)

Great America Construction Co., ASBCA No. 60437, 60501 (Aug. 2, 2016) (dismisses appeal because contractor signed mod releasing all claims in return for settlement payment)

King Aerospace, Inc., ASBCA No. 57057 (July 26, 2016) (in aircraft maintenance contract, condition of government-furnished aircraft was inferior to that represented in contract and government-furnished property listed in the contract was not delivered in serviceable condition in a timely manner)

CACI International, Inc. & CACI Technologies, Inc., ASBCA No. 60171 (July 18, 2016) (contract interpretation; 35% hazardous pay rate applies to all hours worked by contractor's employees, and did not exclude overtime work)

BAE Systems San Francisco Ship Repair, ASBCA Nos. 58818, 59642 (June 13, 2016) (contractor's advances to subcontractor to perform extra work and its agreement to pursue additional costs on behalf of sub sufficient to avoid application of Severin doctrine; although contractor's initial claim submission was based on estimates, its accounting system was adequate to demonstrate actual costs incurred for extra work; Contracting Officer on notice that contractor would require overtime to perform changed work and did not object, therefore bound by that interpretation; rejects Contracting Officer's "benefit of the bargain" approach for determining amount of equitable adjustment, in favor of contractor's actual costs)  

Mach I AREP Carlyle Center, LLC, ASBCA No. 59821 (June 1, 2016) (Government was not liable for unexercised option years on lease that was terminated early because of lack of funding due to government shutdown over budget dispute, where contractor was paid for the remainder of the option year that was terminated early, which was all the lease required)

Military Aircraft Parts, ASBCA No. 60009 (May 31, 2016) (contractor entitled to contract price as damages for Government's improper rejection of First Article that would have been acceptable but for damage caused by Government's inspection)

Military Aircraft Parts, ASBCA No. 60336 (Apr. 25, 2016) (cancellation of purchase order is not a government claim; subsequent contractor claims challenging cancellations are denied because contractor did not deliver first article items on time)

ERKA Construction Co. Ltd., ASBCA Nos., 57618, 58515  (Mar. 9, 2016) (even absent proof that contractor's owners or upper management knew of fuel theft, contractor is responsible for actions of its employees who stole fuel, especially when it is likely that project managers were aware of situation)

Lee's Ford Dock, ASBCA No. 59041 (Mar. 17, 2016) (contractor did not not entitled elements required for reformation based on mistake or misrepresentation; contractor's argument that Government breached agreement relies on unreasonable interpretation of clear provision in agreement)

SupplyCore, Inc., ASBCA No. 58676 (Feb. 17, 2016) (Government did not breach duty of good faith and fair dealing by delaying its notice to the contractor that an option would not be exercised because the contract did not require any earlier notice from the Government)

Andy Phillips, ASBCA No. 59045 (Jan. 19, 2016) (denies various breach claims (i) for lack of proof; (ii) because contract made contractor responsible for costs of alleged issue; (iii) because isolated issue did not rise to level of breach; (iv) because allegation of damages phrased as "[e]stimate loss of sales at 30%" did not meet CDA requirement to state claim as a sum certain; and (v) because allegations that Government failed to appoint a COR and invalidly extended contract were not CDA claims since they did not include demand for money or any other relief)

The Life Eye Co., ASBCA No. 48422 (Jan. 19, 2016) (denies claim primarily because contractor submitted inadequate, inconsistent documentation, including some forgeries, to support it)

Vistas Construction of Illinois, Inc., ASBCA Nos. 58479, et al. (Jan. 12, 2016) (post-Katrina construction contract to enlarge levee; contractor not entitled to retroactive use of value-added base for calculating G&A when contractor's normal approach for all other situations was total cost input; contractor failed to present sufficient, relevant, non-contradictory evidence to support its calculation of profit it was owed for changed work; government not obligated to pay PPA interest on disputed amounts in excess of original contract price; other claims not adequately supported with evidence, e.g., claims for costs of responding to DCAA audit report)

Relyant, LLC, ASBCA No. 58172 (Jan. 12, 2016) (contract interpretation that contract allowed parties to agree on lower prices for individual delivery orders than those stated in the price schedules of the overarching contract is the only reasonable reading of the contract documents as a whole and is consistent with the parties' actions  before the dispute arose)

Edinburgh International, ASBCA No. 58864 (Jan. 11, 2016) (contract interpretation; fixed-price task order which did not cover billeting services did not impose obligation on Government to pay for unexpected costs of billeting security personnel)

Dick Pacific Construction Co., Ltd., ASBCA Nos. 57675, et al. (Dec. 15, 2015) (entitlement decision on various and sundry construction contract claims, including propriety of sums withheld by Contracting Officer)

Diversified Construction of Oklahoma, ASBCA No. 59527 (Dec. 9, 2015) (unsuccessful claim for reformation of contract price; contractor's reduction of its original bid priced during negotiations was not result of government misrepresentation concerning amount of mowing that would be required because government negotiator's position based on government's IGE; contractor not reasonable to rely on Government's representation over his own evaluation of the cost of the job, the advice of three experienced people, and a site visit, all showing a higher cost would be involved) 

Lockheed Martin Services, Inc., ASBCA Nos. 58028, 58794 (Dec. 8, 2015) (contract interpretation; contract for performance of retired/annuitant pay system during which contractor voluntarily developed and implemented new system to replace outdated government system; contract did not prohibit contractor's recovery for license fee and other costs of Government's continued use of new system after Government decided to bring work back in house), Government's motion for reconsideration denied

Chloeta Fire, LLC, ASBCA No. 59211 (Nov. 9, 2015) (sustains contractor's appeal that it was entitled to full contract price for completing required burn on federal property because Government failed to provide evidence or testimony from individual who could have rebutted contractor's contention that he had authority to, and did, accept contractor's work)

Lean Construction and Engineering Co., ASBCA No. 58995 (Nov. 6, 2015) (denies all but $105 of claims related to differing site condition because contractor failed to provide required notice of claim and failed to produce credible evidence of differing site condition)

Korte-Fusco Joint Venture, ASBCA No. 59767 (Nov. 5, 2015) (denies Government's motion for summary judgment because language of contract modification did not clearly release claim at issue)

Weatherford Group, Inc., ASBCA Nos. 59315, et al. (Oct. 21, 2015) (Government's interpretation of three contract clauses gives reasonable meaning to all clauses without creating any conflicts between them; contractor failed to present evidence required to establish prior course of dealing)

Honeywell International, Inc., ASBCA No. 57779 (Sep. 24, 2015) (contractor entitled to quantum valebant recovery for value of conforming solar arrays delivered to Government under invalidated provisions of delivery order)

Automotive Management Services FZE, ASBCA No. 58352 (Sep. 21, 2015) (contract interpretation; contractor entitled to reimbursement of costs of transporting vehicle parts in Afghanistan; title of contract section could not vary the plain meaning of its text)

Balfour S&P Two, A Joint Venture, ASBCA No. 58067 (Sep. 1, 2015) (contractor bears responsibility for costs of repairing defects in drilled concrete foundation piers because its construction methods failed to comply with contract specifications in several ways)

Afghanistan Trade Transportation Co., Ltd., ASBCA No. 59782 (Aug. 18, 2015) (contractor's fraud (bribery) on different contracts predating current contract did not breach its obligation of good faith and fair dealing toward Government under current contract)

Kellogg Brown & Root Services, Inc., ASBCA Nos. 59357, -8 (Aug. 13, 2015) (contract interpretation; under FAR 52.250-1 (Indemnification Under Public Law 85-804) contractor is entitled to indemnification from the Government for third-party claims and related litigation costs, even those attributable to the contractor's alleged misconduct)

Certified Construction Co. of Kentucky, LLC, ASBCA No. 58782 (Aug. 12, 2015) (contract interpretation; denies contractor's claim because Government's interpretation of subparagraph 5.1 of the General Construction specifications, which excluded all "measurement" and "payment" paragraphs of  certain incorporated specifications is only reasonable interpretation of contract)

The Public Warehousing Co., ASBCA No. 56022 (Aug. 5, 2015) (contract interpretation; bilateral mod established cap on transportation fees)

VLOX, LLC,  ASBCA Nos. 59305, et al. (July 23, 2015) (contract interpretation; contract unambiguously requires that if a contractor's truck waits more than three days to be loaded and unloaded, the contractor is owed a demurrage payment for any additional days, regardless of whether those first three days were spent waiting for loading, waiting for unloading, or a combination of the two)

Circle, LLC, ASBCA No. 58575 (July 1, 2015) (denies contractor's claims because Government's engineers lacked express or implied authority to issue directives to modify contract)

Tri-County Contractors, Inc., ASBCA No. 58167 (June 16, 2015) (bidder's disclosure of proposed debarment to Contracting Officer was sufficient to overcome Government's subsequent defense of fraud in the inducement; release did not bar claim where Government had reason to know of contractor's mistake in failing to exclude claim from release; denies contractor's claim because any ambiguity in contract was patent, and contractor failed to inquire prior to bidding)

Snowden, Inc., ASBCA No. 59705 (May 20, 2015) (under "Government Property" clause (FAR 52.245-1), contractor owes Government proceeds from its sale of "contractor inventory" to third party because Government had not abandoned property)

Adria Operating Corporation, d/b/a/ Ramada Inn) d/b/a/ Adria Hotel & Conference Center, ASBCA No. 59493 (May 15, 2015) (ADR decision: agreement on which contractor bases its claim was neither executed nor ratified by government employee with requisite contracting authority)

MARCON Engineering, Inc., ASBCA No. 57471 (May 1, 2015) (original specification requirement was defective and was effectively relaxed by incorporation of approach in contractor's technical proposal into contract, so Government's attempt to impose original requirement was constructive change)

Optimum Services, Inc., ASBCA No. 58755 (Mar. 25, 2015) (dredging subcontractor entitled to recover under theory of Type I differing site condition  after  encountering much harder than anticipated subsurface material)

AMEC Environment & Infrastructure, Inc., ASBCA No. 58948 (Mar. 16, 2015) (under "Permits and Responsibilities" clause, contractor not entitled to additional costs of obtaining permit)

Martin Edwards & Assocs., ASBCA No. 57718 (Mar. 10, 2015) (release of claims language in bilateral modification not induced by fraudulent or a material misrepresentation by the other party upon which the recipient is justified in relying)

Government Contracting Resources, Inc. ASBCA No. 59162 (Mar. 12, 2015) (under FAR 52.222-43, contractor entitled to increased costs for severance payments required by CBA upon contract expiration)

SUFI Network Services, ASBCA No. 55306 (Feb. 2, 2015) (after remand from decisions by the CoFC and CAFC, Board increases amount awarded contractor on $131 million claim from approximately $7.5 million to $111 million), Government's request for reconsideration denied except for points of clarification; contractor's unopposed motion to increase award pursuant to Count XVI granted

C.R. Pittman Construction Co., ASBCA Nos. 57387, -88, 57688 (Feb. 4, 2015) (denies Type I differing site condition claim because contractor abandoned work before it ever exposed ("encountered") the allegedly differing condition)

Tele-Consultants, Inc., ASBCA No. 58129 (Feb. 3, 2015) (subcontractor failed to establish implied-in-fact contract with Government  because Government never indicated intention to contract directly with sub)

Watts Constructors, LLC, ASBCA No. 59602 (Jan. 26, 2015) (construction contractor that had chosen to account for job site overhead expenses as indirect costs pursuant to FAR  31.105(d)(3) could not switch and treat them as direct costs for the duration of a government-caused delay)

TTF, L.L.C., ASBCA No. 58452 (Dec. 22, 2014) (no evidence that contract specifications were impossible to perform)

New Iraq Ahd Co., ASBCA No. 59304 (Dec. 22, 2014) ("Release of Claims" form signed by contractor following default termination operated as an accord and satisfaction, barring further claims)

Mountain Chief Management Services, Inc., ASBCA No. (Dec. 3,2014) (Government's statements did not compel contractor to expend effort in excess of total specified by contract)

James G. Davis Construction Corp., ASBCA Nos. 58000, 58002 (Nov. 19, 2014) (contract interpretation; denies contractor's claims for allegedly extra insulation because, in one instance, the contract unambiguously required such insulation and, in another, the contractor's current interpretation is at odds with the one it employed during contract performance, which was consistent with the Government's interpretation)

Amaratek, ASBCA Nos. 59149, 59395 (Nov. 10, 2014) (after Government exercised option for 12 monthly units of service and then terminated contract part way through first month, contractor is entitled to payment for first full month's service because that was one "unit" of service)

Optex Systems, Inc., ASBCA No. 58220 (Nov. 6, 2014) (by its own terms, bilateral modification was neither a release nor an accord and satisfaction of the contractor's claims involved in this appeal)

New Iraq Ahd Co., ASBCA No. 58768 (Oct. 17, 2014) (no jurisdiction over claim raised for first time on appeal; bilateral modification operated as accord and satisfaction and allegation that Contracting Officer threatened convenience termination to induce contractor to sign it does not rise to level of duress)

Tug Hill Construction, Inc., ASBCA No. 57825 (Oct. 16, 2014) (implied covenant of good faith and fair dealing did not require Government to help the contractor perform work it was expressly assigned to accomplish by the contract; contractor's claim of Government's superior knowledge fails because contractor had the opportunity to gain that knowledge on its own before bidding the job) 

Gerald R. Rouillard, d/b/a International Gear Technologies, ASBCA No. 58459 (Oct.8, 2014) (upholds default termination; alleged illness of contractor's President's father does not excuse default; contractor failed to establish four of five required showings for mistake in bid defense)

Laguna Construction Co., ASBCA No. 58324 (Sep. 23, 2014) (contractor's receipt of kickbacks from subcontractors constituted criminal fraud and material breach which extinguished Government's obligation to make further contract payments)

Al Bahar Co. , ASBCA No. 58416 (Aug. 4, 2014) (no credible evidence contractor performed, or Government accepted, work in dispute)

PBS&J Constructors, Inc., ASBCA Nos. 57814, 57964 (July 25, 2014) (denies Type I Differing Site Conditions claim in part because contractor did not provide evidence of its precontract reliance on the indications of the site condition in the solicitation or that the conditions at the site were different, at that time, from those indicated in the solicitation; denies changes claim because contract unambiguously required deep footings under balconies and exterior walkways and Government was within its rights to require strict compliance with these specifications, so denying contractor's requests to deviate was not a breach of duty to cooperate with contractor)

Classic Site Solutions, Inc., ASBCA Nos. 58375, 58572 (July 2014) (Government not bound by summary level, preaward project schedule in bidder's proposal when clear solicitation requirements established a different time for the event in dispute)

Iron Bow Technologies, LLC, ASBCA No. 59181 (July 9, 2014) (monetary amount of Contracting Officer's warrant was sufficient to give him authority to execute contract and options at issue in appeal)

Classic Site Solutions, Inc., ASBCA Nos. 58376, 58573 (June 26, 2014) (Government's was only reasonable interpretation of MIX DESIGN paragraph in construction contract specs)

Kellogg Brown & Root Services, Inc., ASBCA Nos. 56358, et al. (June 17, 2014) (dismisses one government claim as untimely under CDA's statute of limitations; finds for contractor on other government claims because contractor's costs of hiring private security companies to provide protection not adequately afforded by Government in Iraq were reasonable and allowable)

American General Trading & Contracting, WLL, ASBCA No. 56758 (Apr. 23, 2014) (no evidence government had agreed in implied-in-fact cost reimbursable contracts for the provision of laundry services)

Thefaf Al-Rafidain Contracting Co., ASBCA No. 59014 (Apr. 4, 2014) (denies claim because Government satisfied minimum order requirements of IDIQ contract)

CCI, Inc., ASBCA No. 57316 (Mar. 14, 2014) (denies Type I differing site condition claim because any absolute reliance on the limited and qualified indications concerning site conditions in the contract would have been unreasonable, the contractor did not prove it relied on those indications, and, even if it did so, its interpretation of those indications was not reasonable)

CI², Inc., ASBCA No. 56257, 56337 (Mar. 5, 2014) (Government's failure to award required quantities and to provide award terms in accordance with contract requirements breached the contract), Government's motion for reconsideration denied, with clarifications

Safety Training Systems, Inc., ASBCA Nos. 57095, 57166 (Jan. 23, 2014) (contract placed risk of increased shipping costs on contractor; declines to apply Christian doctrine to insert FAR 52.245-2 (Government Property) in contract for commercial items; finds implied warranty that government-supplied equipment would be fit for its intended use; contractor's evidence of duration of delays caused by breach of that warranty was "spotty")

DayDanyon Corp., ASBCA Nos. 57611, 57681, 57717 (Jan. 22, 2014) (where FAR 52.216-18 "Ordering" clause defined the period for ordering supplies as the "DATE OF CONTRACT AWARD . . . THROUGH: TWO (2) YEARS," and FAR 52.216-22(d) "Indefinite Quantity" clause provided: "the Contractor shall not be required to make any deliveries under this contract after Two Years," the clauses, having different purposes, were not in conflict, and, if they were, it was a patent ambiguity about which the contractor should have inquired prior to bidding)

All Star Technical Services, Inc., ASBCA Nos. 58668, 58772 (Jan. 7, 2014) (contract clause covering responsibility for damage to specific item in dispute controls over clause covering responsibilities for damage in general)

PAW & Assocs., LLC, ASBCA No. 68634 (Nov. 22, 2013) (Government did not breach ID/IQ contract by failing to award specific task order to contractor under option period because it had already met its obligation to order minimum quantity; Board retains jurisdiction over contractor's claims that Government (i) breached an implied-in-fact contract duty to provide the contractor a fair opportunity to be considered for issuance of a task order, in violation of FAR § 16.505(b)(1), and (ii) breached the underlying ID/IQ contract by failing to protect the proprietary information in the contractor's task order proposal)

Tiger Enterprises, Inc., ASBCA Nos. 57974, 58313 (Oct. 8, 2013) (Government properly continued to make lease payments to bank/assignee under bridge contract rather than making payments directly to contractor)

BYA International, LLC, ASBCA Nos. 58031, 58341 (Sep. 23, 2013) (contractor did not follow contract requirements for obtaining approval to use different method than specified for constructing exterior walls)

Mylene Will Co., L.L.C., ASBCA No. 58154 (Sep. 18, 2013) (denies Type I Differing Site Condition claim because contractor did not prove it was damaged by differing conditions)

B.A.E. Systems Technology Services , ASBCA No. 57581 (Sep. 18, 2013) (uses principles of contract interpretation to conclude that, although the contract was not a "model of clarity," it established that repair of generator damaged during fire was covered by cost reimbursable depot maintenance/repair CLIN rather than fixed-price organizational and intermediate maintenance/repair CLIN)

Optimum Services, Inc., ASBCA No. 57575 (Sep. 10, 2013) (contractor failed to prove elements for Type I Differing Site Condition and was the one primarily responsible for project delays involving submittal reviews)

Dragados USA, Inc., ASBCA No. (Aug. 29, 2013) (uses rules of contract interpretation to arrive at the plain meaning of a specification paragraph at issue between the parties)

EJB Facilities Services, ASBCA No. 57547 (Aug. 28, 2013) (pricing of deductive change should be based on  contractor's estimated costs to perform the deleted work (which relied on actual historical costs of performance) rather than contractor's original proposal) 

Bluebird Communications, Inc., ASBCA No. 58379 (July 16, 2013) (grants Government's motion for summary judgment and denies contractor claim for allegedly unamortized capital improvement costs based on a theory of mutual mistake) 

Atlantic Dry Dock Corp., ASBCA No. 54936 (June 20, 2013) (denies claim for alleged extra painting for unexpected vertical square footage area on a ship because there was no proof the Government had superior knowledge as to that actual square footage and no clear proof of a trade practice to include a contingency of 20% for such painting in a bid)

Jaynes Corporation, ASBCA No. 58385 (May 7, 2013) (Government's improper interpretation of ASTM A135 pipe specification led to improper rejection of Schedule 40 pipe submitted by contractor)

Strand Hunt Construction, Inc., ASBCA No. 55905 (Apr. 11, 2013) (contract completion date was date originally proposed by contractor and accepted by Government, despite the fact, in modifications, that both parties erroneously continued to refer to the completion date in the solicitation until the dispute arose; contractor is entitled to remission of liquidated damages to the extent (i) unreasonable portion of stop work order and (ii) Contracting Officer's failure (a) to act within reasonable period of time to resolve punchlist items and (b) to concede beneficial occupancy occurred at same time as substantial completion)

Glasgow Investigative Solutions, Inc., ASBCA No. 58111 (Apr. 9, 2013) (grants Government's motion for summary judgment that options were properly exercised; rejects contractor's contention that FAR 52.217-8 (Option to Extend Services) can only be used to extend the contract term after all other options have been fully exercised and is intended only for situations at the end of a contract where the Government needs extra time to transition to a new contractor)

Raytheon Missile Systems Co., ASBCA No. 57594 (Mar. 18, 2013) (imputes DESC jet fuel price increase to contracting party, NAVAIR; in failing to reimburse contractor for increases in price of jet fuel, NAVAIR breached implied duty not to hinder or interfere with performance by subjecting contractor to price increases for purposes outside the set of risks it assumed in its fixed-price contract), affirmed on recon. 

Jaynes Corp., ASBCA No. 58288 (Feb. 15, 2013) (rules of contract interpretation; contractor entitled to equitable adjustment because Government's interpretation of contract rendered portions of it "inoperative, meaningless, and useless")

Colorado River Materials, Inc., d/b/a NAC Construction, ASBCA No. 57751 (Feb. 2013) (settlement agreement that applied to "all claims and all potential claims" related to contract acted as accord and satisfaction; no evidence in record to support contention that Government led contractor to believe claim was excepted from agreement and still being considered by Government)

ThinkQ, Inc., ASBCA No. 57732 (Jan. 24, 2013) (Government's is only reasonable interpretation of "Placing Orders" clause)

ECC, International, ASBCA No. 55781 (Dec. 28, 2012) (denies claims for various constructive changes (defective government-furnished property, interference with performance, and acceleration) allegedly causing delays on construction contract)

BAE Systems San Francisco Ship Repair, ASBCA No. 57934 (Nov. 26, 2012) (Government did not breach duty to cooperate with contractor by taking too long to approve request made by contractor because the contractor did not inform the Government of the urgency of the request)

R.L. McDonnell Construction, ASBCA No. 56262 (Oct. 22, 2012) (denies construction contractor's claim for extra costs because SOW was not ambiguous; there was no Differing Site Condition; the drawings were not defective; and the Government did not fail to cooperate)

APAC Southeast, Inc., n/k/a Oldcastle Southern Group ASBCA No. 58057 (Sep. 27, 2012) (grants Government's motion for summary judgment because FAR allows FAR 52.217-8 Government to extend contract briefly beyond its term, including options, pursuant to FAR 52.217-9)

NDG Constructors, ASBCA No. 57328 (Aug. 21, 2012) (contractor failed to prove it encountered Type I Differing Site Conditions in the form of different soil profile, soil with different characteristics, or increased soil moisture conditions)

Teresa A. McVicker, P.C., ASBCA Nos. 57487, 57643 (Aug. 16, 2012) (Government's purported partial convenience termination merely ratified Government's prior breach of covenant of good faith and fair dealing in inducing contractor to enter into contract and hire specific employees without disclosing that the Government intended to bring those employees (and the associated work) in house)      

Lear Siegler Services, Inc., ASBCA No. 57264 (Aug. 1, 2012) (sustains appeal; unilateral modification to task order under Air Force ID/IQ contract for aircraft and depot maintenance at National Guard aviation facilities was a compensable change because it increased the agreed maintenance workload beyond that required by performance work statement)

Daniel S. Sinclair, Callan E. Sinclair and Cayman C. Sinclair, ASBCA Nos. 56768 et al. (July 16, 2012) (no CDA jurisdiction over claims for "a minimum of" stated amount; Government's termination of lease did not extinguish its contractual obligation to make specified improvements, which was main reason for lessor to enter lease in the first place)

MCC Construction Corp., ASBCA No. 57400 (July 16, 2012) (phrase "subsequent contracting opportunities" in section 713(b) of Small Business Competitiveness Demonstration Program Act of 1988 means solicitation for a contract rather than request for task order proposal)

GaN Corp., ASBCA No. 57834 (July 13, 2012) (under "Payments" clause, contractor was entitled to be paid at the pre-established hourly rates for the number of hours actually worked by employees, even if salaried employees are not paid extra for working extra hours)

Eastern New Mexico University -- Roswell, ASBCA No. 57110 (June 22, 2012) (contract interpretation--contract was not enforceable ID/IQ or requirements contract; therefore, contractor's claim for shortfall in expected students is dismissed; other claims (for extra work) involve material issues of fact that preclude summary judgment)

International Oil Trading Co., ASBCA Nos. 57491, 57492 (June 22, 2012) (contract interpretation--Government's inspection method did not substantially comply with unambiguous requirement of "Quantity Determination" clause of fuel delivery contract, and no extrinsic evidence can be admitted to vary that method; contractor was not required to submit weighbridge ticket with each delivery), decision clarified on Government's motion for reconsideration

Strand Hunt Construction, Inc., ASBCA No. 55904 (June 21, 2012) (high temperatures encountered by contractor in building were contemplated by the specifications and, therefore, were neither a constructive change nor a Type I Differing Site Condition; interpretation never advanced by contractor before appeal and not until very last opportunity during appeal is not entitled to any weight)

Paradigm II, LLC, d/b/a JB Carpet & Upholstery Care, ASBCA No. 55849 (June 8, 2012) (failure of proof on unabsorbed overhead claim), contractor's subsequent motion for reconsideration denied. 

Cubic Transportation Systems, Inc., ASBCA No. 57770 (June 1, 2012) ("Pricing of Adjustments" and "No Waiver of Sovereign Immunity" clauses in contract with metropolitan transportation authority preclude recovery of interest on late payments) 

UniTech Services Group, Inc., ASBCA No. 56482 (May 22, 2012) (denies claim for decommissioning and other costs, sometimes referred to as unamortized and stranded costs, arising from the closing of contractor's nuclear laundry facility in Hawaii; no evidence of implied-in-fact contract; express contract covering same subject area precludes alleged implied-in-fact contract; no recovery under express contract under theories of failure to disclose superior knowledge, breach of covenant of good faith and fair dealing, or equitable estoppel), subsequent motion for reconsideration denied. 

Hartman Walsh Painting Co., ASBCA No. 57832 (Apr. 24, 2012) (denies claim because contractor failed to prove first element of misrepresentation claim, i.e., that Government made an erroneous representation of material fact)

Top Painting Co., ASBCA No. 57333 (Apr. 18, 2012) (denies contractor's claim for Differing Site Condition because it failed to conduct pre-award site visit, conditions were visible (thus neither subsurface nor latent) and contract required contractor to deal with conditions of this type)

Valley Apparel, LLC, ASBCA No. 57606 (Apr. 10, 2012) (denies appeal because statement regarding "anticipated" requirements in solicitation for indefinite quantity contract for supply of various sizes of parkas did not guarantee Government would order stated percentages of each size) 

Weigel Hochdrucktechnik GmbH & Co. KG, ASBCA No. 57207 (Mar. 15, 2012) (contract performed in Spain; Government failed to prove that water testing it required contractor to perform was required by contract or by Spanish law; denies claim for waterproofing containers because Government merely acquiesced in contractor's first (and ultimately unsuccessful) suggested method for doing so, without waiving contract requirement)

M.E.S., Inc. ASBCA Nos.  56149. et al (Feb. 22, 2012) (various construction contract claims for changes and compensable delays; sovereign acts; concurrent delays; extended field and home office overhead; standards of proof)

Hartman Walsh Painting Co., ASBCA No. 57742 (Feb. 17, 2012) (denies contractor's claim for extra work on painting contract; Government's approval of submittal did not preclude Government from later enforcing compliance with spec)

Southern Defense Systems, Inc., ASBCA Nos. 54045, 54528 (Feb. 16, 2012) (contractor failed to prove delivery order should have been required to utilize same pass-through mark-up as basic contract--failure to prove patent or latent ambiguity or violation of FAR or mistake) 

Distributed Solutions, Inc., ASBCA No. 57266 (Dec. 28, 2011) (grants partial summary judgment to Government because its interpretation of disputed language of modification is the only reasonable one, and not in conflict with any other provisions); subsequently vacated to allow further discovery.

DG²¹, LLC, ASBCA No. 56386 (Nov. 28, 2011) (denies claim based on misrepresentation or superior knowledge because contractor did not establish it relied on the lack of information in the solicitation or that it did not have independent knowledge of that information)

TEKKON Engineering Co., ASBCA No. 56831 (Nov. 1, 2011) (decision on government motion for partial summary judgment as to various categories of claimed excess costs by the contractor associated with (i) denial of entry at border and (ii) embargo from Jordan under contract to supply water treatment chemicals and cylinders of chlorine gas to various locations in Iraq)

Trace Systems, Inc., ASBCA No. 57574 (Oct. 20, 2011) (contract contained latent ambiguity concerning whether R&R travel expenses were reimbursable, and contractor's interpretation that they were reimbursable was reasonable)

D. J. Miller & Assocs., ASBCA No. 55357 (Oct. 13, 2011) (denies contractor's breach claim that Government had improperly diverted work to other entities under requirements contract)

COSTAR III, LLC, ASBCA No. 56479 (Aug. 17, 2011) (contractor not entitled to reimbursement for health and welfare benefit cost increases in (i) base year of contract (because it modified its CBA to effectuate such increases after the beginning of the base year) or (ii) in the option years (because option year mods constituted accord and satisfaction))

General Construction Services, Inc., ASBCA No. 57187 (Aug. 4, 2011) (grants motion for summary judgment because appellant failed to establish it had contract with the Government or that individual who allegedly committed the Government had the authority to do so)

BECO Construction Co., ASBCA No. 57483 (Aug. 4, 2011) (contractor entitled to compensation for work in a larger area than was indicated in the contract specifications and drawings)

Ali Fawzi Gomme, Co-Owner, d/b/a Areebel Engineering & Logistics, ASBCA No. 56787 (July 19, 2011) (dismisses claim clearly covered by settlement agreement)

WestWind Technologies, Inc., ASBCA No. 57436 (July 2011) (under FAR 52.216-8 ("Fixed Fee") Government may withhold stated reserve amount on each, individual task order, rather than just once on contract as a whole)

General Dynamics Ordnance and Tactical Systems, Inc., ASBCA Nos. 56870, 56957 (May 26, 2011) (denies Government's motion for summary judgment because record not yet sufficiently developed to determine whether appeal involves a requirements contract or a BOA)

Golden Wings, Inc., ASBCA No. 57136 (Mar. 17, 2011) (Government not liable for contractor's vehicle storage costs incurred after the Government returned leased vehicles to contractor at end of lease)

PCT Services, Inc., ASBCA No. 54932 (Mar. 1, 2011) (contract clearly required the contested work, and plaintiff had included it in its proposal)

Genome-Communications, ASBCA Nos. 57267, 57285 (Feb. 25, 2011) (grants contractor's motion for summary judgment that Government failed to pay for contractually compliant training materials provided by contractor and improperly terminated the contract for cause because its cure notice had imposed requirements above and beyond the contract requirements)

Revenge Advanced Composites, ASBCA No. 57111(Feb. 23, 2011) (grants government motion for summary judgment denying contractor's claim for extra work under the Changes clause because the contract's performance specification required the contractor to provide the navigation system at issue in the appeal)

AECOM Government Services, Inc., ASBCA No. 56861 (Jan. 19, 2011) (contractor not entitled to recover F.I.C.A. taxes imposed on offshore subsidiaries first imposed by HEART Act six months after fixed-price contract award on contractor's theory reformation based on mutual mistake)

Office Automation & Training Consultants, Inc., ASBCA Nos. 56779, 56838 (Jan. 19, 2011) (denies contractor's claim for reformation based on theory of unilateral mistake); see also Board's opinion on contractor's motion for reconsideration.

J. A. McAmis, Inc., ASBCA Nos. 54455, 54456, 54457 (Nov. 18, 2010) (contractor entitled to recover increased haul costs and delay costs after haul routes to site became unavailable due to local ordinance passed after award; contractor is not entitled to recover costs of rejection of rock that complied with the specifications because it did not establish the Government had rejected the rock)

AECOM Government Services, Inc., ASBCA No. 56861 (Oct. 13, 2010) (contractor not entitled to recover F.I.C.A. taxes on offshore subsidiaries first imposed by HEART Act six months after fixed-price contract award on contractor's theory of breach of the implied warranty of good faith and fair dealing)

Tekkon Engineering Co., ASBCA No 56831 (Sep. 28, 2010) (interpretation; absence of elements required to establish prior course of dealing; no entitlement to adjustments under EPA clause because no established prices on which to base adjustments; contractor's subjective, unexpressed reading of the contract, which was never communicated to the Contracting Officer, cannot form basis for interpretation; because Government was not required to place no orders during option period number 1 (and did not do so), contractor cannot recover costs associated with that period)

Thorington Electrical and Construction Co., ASBCA No. 56895 (Sep. 22, 2010) (unambiguous release bars contractor's claim)

Shawview Cleaners, LLC, ASBCA No. 56938 (Sep. 15, 2010) (contractor not entitled to rely on alleged representations by government employees that wage determination attached to contract was just a suggestion and not mandatory)

Northrop Grumman Systems Corp, Space Systems Division, ASBCA No. 54774 (July 22, 2010) (no enforceable agreement came into agreement because government attendees at meeting (i) remained silent or even nodded during the contractor's presentation and (ii) shook hands afterwards) 

Senate Builders & Construction Managers, Inc., ASBCA No. 56236 (July 19, 2010) (construction contract; contract interpretation; only one reasonable interpretation; patent ambiguity; failure to inquire prior to submitting bid)

United Healthcare Partners, Inc., ASBCA No. 56939 (July 19, 2010) (despite the fact that document was labeled as an "RFQ," language in document clearly indicated that submission of offer was intended to create a binding, bilateral contract)

Freeport Technologies, Inc. ASBCA No. 56665 (June 24, 2010) (breach claims for alleged government diversion of work that should have been ordered under appellant's contract)

Qatar International Trading Co., ASBCA No. 55518 (June 8, 2010) (denies contractor's claim for fraudulent phone charges on illegal clones of satellite phones provided to Government)

DWBH Services, Inc., ASBCA No. 56948 (June 2, 2010) (denies claim that maintaining lawns in areas where housing was demolished during contract was outside scope of contract)

Whiting-Turner Contracting Co., ASBCA No. 56319 (May 6, 2010) (accord and satisfaction issues; interpretation of releases in bilateral modifications)

PGDC/Teng, Joint Venture, ASBCA No. 56573 (Apr. 22, 2010) (grants Government's motion to dismiss contractor's claim for contract reformation; failure to prove (i) breach of duty to disclose superior knowledge, (ii) mutual mistake, or (iii) unilateral mistake)

Dixie Construction Co., ASBCA No. 56880 (Apr. 15, 2010) (requirements contract; contract interpretation; "Order Limitations" clause)

Pacific Coast Community Services, Inc., ASBCA No. 56754 (Apr. 12, 2010) (provision of storage space; contract interpretation; no showing of extra costs associated with claimed change)

Guy W. Parker d/b/a Parker International, ASBCA No. 56928 (Apr. 5, 2010) (dismisses frivolous claims related to government property)

Solid State Electronics Corp., ASBCA No. 56485 (Mar. 12, 2010) (denies contractor's claim for costs of expedited delivery because government employee who requested it did not have authority to change the contract)

Skanska US Building, Inc., ASBCA No. 56339 (Mar. 10, 2010) (contract interpretation; denies cross motions for summary judgment)

^HMRTECH2, LLC, ASBCA No. 56829 (Mar. 12, 2010) (contract interpretation; firm's graduation from 8(a) program did not give Government right to deny contractor fair opportunity to compete for further orders for duration of multiple-award schedule contract)

American Ordnance LLC, ASBCA No. 54718 (Feb. 17, 2010) (excusable and compensable delays resulting from (i) defective specification; (ii) withholding of superior knowledge; and (iii) breach of implied duties of cooperation and noninterference)

Laser Manufacturing, Inc., ASBCA Nos. 55436, 55437 (Feb. 19, 2010) (denies claim for alleged changes in inspection and acceptance criteria)

Sybion Ozdil Joint Venture, ASBCA No. 56713 (Jan. 25, 2010) (whether calculation of amount owed for extra work on contract terminated for convenience should be at cost under "Changes" clause or pursuant to specification establishing unit price for work; interest issues)

Mach II, ASBCA No. 56630 (Jan. 12, 2010) (Government not liable to contractor for payment on performance resulting from unsigned delivery order on ID/IQ contract)

COSTAR III, LLC, ASBCA Nos. 55296, et al. (Dec. 31, 2009) (denies various claims for equitable adjustment; failure of proof; lack of authority of official who allegedly changed contract; claim precluded by bilateral modification; performance of work as a volunteer)

Mark O'Connor, ASBCA Nos. 56863 et al. (2009) (government responsibility for repairs to leased military housing units under Restoration clause)

WEDJ/Three C's, Inc., ASBCA No. 56672 (Nov. 20, 2009) (Value Engineering Change Proposal; grants summary judgment in favor of Government because contract already required what the contractor claimed to have submitted as a VECP)

DynCorp International LLC, ASBCA No. 56078 (Oct. 20, 2009) (knowledge of mistake; accrual of claim; continuing claim doctrine; separate claim for each option year)

^HMRTECH2, LLC., ASBCA 56829 (Oct. 9, 2009) (finds CDA jurisdiction over claim that Government's interpretation of contract clause would improperly deprive contractor of future task orders under contract)

Gosselin World Wide Moving NV, ASBCA No. 55367 (Aug. 19, 2009) (interpretation of contract's Schedule of Compensation clause; grants contractor's motion for partial summary judgment because Order of Precedence clause resolved inconsistency in contract provision)

Mil-Spec Industries Corp., ASBCA No. 56070 (Aug. 6, 2009) (upholds default termination; contra proferentem is inapplicable if both parties agree on a particular interpretation)

Sinil Co., Ltd., ASBCA Nos. 55819, 55820 (Aug. 6, 2009) (summary judgment for Government; COR lacked authority to change contract; nobody with authority to do so ratified those changes; contractor released claims)

Dick Pacific, GHEMM, JV, ASBCA Nos. 54743, 55255 (June 18, 2009) (contract interpretation; failure to inquire concerning patent ambiguity)

HSG Technischer Service GmbH, ASBCA Nos. 55595, -96, -97 (June 16, 2009) (contract interpretation)

M.E.S., Inc. ASBCA No. 56454 (June 15, 2009) (interpretation of scope of release)

Computer Sciences Corp., ASBCA No. 56162 (June 15, 2009) (rules of contract interpretation)

DMJM H&M, Inc., ASBCA No. 56557 (Jun 10, 2009) (changes claim denied because it was based on an unreasonable interpretation of the contract and because of a failure of proof)

Advanced American Construction, Inc., ASBCA No. 56325 (June 8, 2009) (denies cross motions for summary judgment concerning contract interpretation and superior knowledge issues)

Local Communications Network, ASBCA No. 55154 (May 28, 2009) (requirements contract only required Navy requirements to be fulfilled; non-Navy agency was not required to use contractor to fulfill its requirements)

Derm/Buro, Inc., ASBCA Nos. 54959, -60, -61 (May 27, 2009) (changes; excusable and compensable delays)

L-3 Services, Inc.--Unidyne Division, ASBCA Nos. 56304, 56335 (May 21, 2009) (contract interpretation; motion for summary judgment denied)

General Dynamics, C4 Systems, ASBCA No. 54988 (May 8, 2009) (direction to contractor to proceed in accordance with delivery orders improperly issued as emails was change under the "Changes" clause)

Keller Mechanical Services, Inc., ASBCA No. 56318 (Mar. 18, 2009) (offer to settle in Contracting Officer's final decision is not evidence of liability once that decision is appealed to Board; contract interpretation; contra proferentem doctrine)

D & F Marketing, Inc., ASBCA No. 56043 (Mar. 9, 2009) (lack of authority by Government to enter alleged implied contract)

Osborne Construction Co., ASBCA No. 55030 (Feb. 19, 2009) (denies cross motions for summary judgment on credit for work ordered delayed by the Government; contract interpretation; need for extrinsic evidence)

Paradigm II, LLC, d/b/a JB Carpet & Upholstery Care, ASBCA No. 55849 (2008) (denies Government's motion for summary judgment that contract was unenforceable so as to preclude contractor's claim for breach damages; type of contract)

Strand Hunt Construction, ASBCA No. 55904 (2008) (denies cross motions for summary judgment based on alleged Differing Site Conditions and notice issues)

William D. Euille & Assocs., ASBCA No. 56486 (2008) (contract interpretation; meaning of specifications; changes)

Wesleyan Co., ASBCA No. 53896 (2008) (Government did not use contractor's products in a manner inconsistent with proprietary rights claimed on the items' tags)

Alliance General Contractors, LLC, ASBCA No. 54979 (2008) (defective specifications; defective drawings; contract interpretation; complementary drawings must be read as a group)

Corners and Edges, Inc., ASBCA No. 55767 (2008) (lack of authority by Project Officers to change contract; no evidence Contracting Officer ratified directions of Project Officers; no evidence of changed conditions)

SUFI Network Services, Inc., ASBCA No. 55306 (2008) (non-appropriated fund activity; settlement "agreement" not signed by Contracting Officer; misrepresentation; constructive change; "wasted" site visit; failure by Government to provide required equipment or facilities; Contracting Officer's ratification of COTR's directions; contract interpretation; unexpressed intent; contemporaneous interpretation; breach of contract by Government; notice of breaches; absence of prejudice from tardy notice; Government's duty to cooperate with contractor in performance of contract; lost revenues; lost profit on breach damages; responsibility of party to provide evidence uniquely within its control even when that party is not asserting the claim; defective government property; course of dealing as contract interpretation aid; claim preparation costs and consulting fees)

States Roofing Corp., ASBCA Nos. 55500, 55503 (2008) ("Permits and Responsibilities" clause does not impose strict liability on prime for all actions of subcontractors; ROICC did not have authority to change contract)

HITT Contracting, Inc, ASBCA No. 55758 (2008) (entitlement for extra work not included in contract schedule)

Robertson & Penn, Inc. d/b/a Cusseta Laundry, Inc. ASBCA No. 55625 (2008) (Sovereign Acts Doctrine; deductive change; variation from estimated quantities)

Advanced Technologies & Testing Laboratories, Inc., ASBCA No. 55805 (2008)(patent ambiguity; constructive change; Government's ordering obligations under indefinite quantity contract)

Qatar International Trading Co., ASBCA No. 55518 (2008) (responsibility for payment for unauthorized calls made on phones delivered to Government; tort issues raised as a government defense; jurisdiction over tort claims)

Hanley Industries, Inc., ASBCA Nos. 54315, 56383 (2008) (design specification; burden to prove defective specification; contractor's initial burden to prove it substantially complied with specification, with an unsatisfactory result; requirements for delay claim under under Eichleay theory; standby time)

International Oil Trade Center, ASBCA No. 55377 (2008) (lack of implied actual authority of government agency to modify contract; lack of consideration; alleged "settlement" did not include required modification of Risk of Loss clause; lack of written agreement; agreement to agree; mutual mistake of fact; elements of superior knowledge claim; constructive changes; sovereign acts)

States Roofing Corp., Inc., ASBCA No. 54854 (2008) (contract interpretation; patent ambiguity; calculation of quantum for constructive change)

Ellis Environmental Group., LC, ASBCA No. 56227 (2008) (Type II Differing Site Condition)

Todd Pacific Shipyards Corp, ASBCA No. 55126 (2008) (contract implied-in-fact; unratified oral agreement; failure to exercise options; superior knowledge; retroactive change in accounting method; scope of release; unabsorbed overhead)

John L. Jones, ASBCA No. 56138 (2008) (nonappropriated fund activity; lack of authority to change contract)

Fuel Tank Maintenance Co., LLC, ASBCA Nos. 54402, 54516 (2008) (Type 2 differing site condition; claim for concrete demolition; definition of claim; request for contracting officer decision)

Christopher H. White, ASBCA No. 56259 (2008) (personal services contract; paid leave; contract interpretation)

Strand Hunt Construction, Inc., ASBCA Nos. 55671, 55813 (2008) (construction contract; absence of ambiguity; requests for waivers; design versus performance specifications; nonavailability of off-the-shelf windows meeting performance requirements)

L-3 Communications Corp., Link Simulation & Training Div., ASBCA No. 54920 (2008) (government breach of fair opportunity to compete provision in solicitation for delivery order)

Wackenhut Services, Inc., ASBCA No. 55691 (2008)("Option to Extend Term" clause versus "Option to Extend Services" clause; contract interpretation; deductive change or partial termination for convenience)

Lockheed Martin Aircraft Center, ASBCA No. 55164 (2008)(requirements contract; diversion of requirements by Government; issues of material fact)

Service Rodriguez Barragan, SL, ASBCA No. 54622 (2008) (contract interpretation; patent ambiguity; lack of actual authority or ratification)

Tri-State Consultants, Inc. ASBCA No. 55251 (2008) (beach repair contract; defective specifications; commercial impracticability; undisclosed superior knowledge; Type I and Type II differing site conditions)

AEI Pacific, Inc. ASBCA No. 53806 (2008) (construction contract; accord and satisfaction; implied duty to cooperate; defective specifications; compensable delay)

General Dynamics C4 Systems, Inc. ASBCA No. 54988 (2008) (option contracts; contract interpretation; waiver; email orders;  constructive changes; FAR 17.202(c)(1); FAR 17.204(e))

The Boeing Co., ASBCA Nos. 54593, 56258 (2008) (cross contract offset)

C.R. Pittman Constr. Co., Inc., ASBCA No. 54901 (2008) (standards to establish prior course of dealing)

LABAT-Anderson, Inc., ASBCA Nos. 54904, 54905, 54906 (2007) (contract interpretation; ambiguous terms; contractor's lack of reliance on its proposed interpretation)

Freedom NY, Inc. ASBCA No. 55465 (2007) (interest claim released by contract modification)

Syracuse Int'l Technologies, ASBCA No. 55607 (2007) (lapse of purchase order)

Local Communications Network, Inc., ASBCA No. 55154 (2007) (CDA jurisdiction: unquantified claims; incorporation of clauses by operation of law)

Webb Electric Co. of Florida, Inc., ASBCA No. 54293 (2007) (delays; Suspension of Work clause; constructive suspension)

Dick Pacific, GHEMM, JV, ASBCA No. 55806 (2007) (contract interpretation; no ambiguity; subcontractor claim)

Wesleyan Co., ASBCA No. 53896 (2007) (on remand from Fed. Cir.; contract formation; breach of confidentiality agreement)

Conner Bros. Constr., Inc., ASBCA No. 54109 (2007) (delays, Changes clause, sovereign acts)

Interstate Electronics Corp., ASBCA Nos.  55064, 55250 (2007) (IR&D costs; mistake; interpretation of release)

Fru-Con Constr. Corp., ASBCA Nos. 55197, 55248 (2007) (contractor and government quantum claims; deductive changes; cost savings; delays)

George G. Sharp, Inc., ASBCA Nos. 55385, 55386 (2007) (notice of funding overruns under Limitation of Costs clause)

Altos Federal Group, ASBCA Nos. 53253, 54404 (2007) (DOL wage determination; Price Adjustment clause) 

Armstead & Assocs., ASBCA No. 52610 (2007) (estimated quantities) 

FloorPro, Inc., ASBCA No. 54143 (2007) (contract modification; third party beneficiary rule)

Honeywell International, Inc., ASBCA No. 54598 (2007) (maximum order quantities; timeliness of objection to Contracting Officer)

Mumford & Miller Concrete, Inc., ASBCA Nos. 53652, 53653 (2007) (construction contract specs; suspension of work)

American Bridge Co., ASBCA No. 54867 (2007) (contract interpretation)

Systems Integrated, ASBCA No. 54439 (2007) (Limitation of Cost clause; equitable distribution of property) 

Bay West, inc., ASBCA No. 54166 (2007) (Differing Site Conditions) 

Ellis Environmental Group, LC, ASBCA No. 54066, 54067 (2007) (mistake; reformation)

Trawick Contractors, Inc., ASBCA No. 55097 (2007) (oral agreement)

Transtar Metals, Inc., ASBCA No. 55039 (2007) (ID/IQ contract; minimum required quantity; estimated quantity)

International Technology Corp., ASBCA No. 54136 (2006) (Limitation of Cost clause)

Steelhead Constructors, Inc., ASBCA No. 55283 (2006) (contract interpretation)

Emerson Construction Company, Inc., ASBCA No. 55165 (2006) (Variation in Estimated Quantity clause)

KiSKA Constr. Corp.-USA, ASBCA Nos. 54613, -14 (2006)(retainage and equitable adjustment)

The Minesen Co., ASBCA Nos. 52488, 52811 (2006)  (Non-appropriated fund activity; breach)

SUFI Network Services, Inc., ASBCA No. 55306 (2006) (accord and satisfaction; waiver; notice; Changes clause claims)

Mass Constr. Group, Inc., ASBCA No. 55440 (2006) (differing site conditions)

Haskell Corp., ASBCA Nos. 54171 (2006) (construction contract claims)

Bean Stuyvesant L.L.C., ASBCA No. 53882 (2006) (differing site conditions)

United Paradyne Corp., ASBCA No. 55374 (2006) (constructive change--additional staffing)

Valenzuela Engineering, Inc., ASBCA No. 54990 (2006) (reservation and release of claims) 

Steelhead Constructors, Inc., ASBCA No. 55283 (2006) (construction contract claims)

Ingenieria y Constructora Washington, S.A., ASBCA No. 54561 (2006) (lease interpretation)

Gray Personnel, Inc., ASBCA No. 54652 (2006) (constructive change)

Spindler Constr. Corp., ASBCA No. 55007 (2006) (sponsored subcontractor claim; material costs)

B. W. Farrell, Inc., ASBCA No. 53311 (2006) (differing site conditions; liquidated damages)

P&C Placements Services, Inc., ASBCA 54124 (2006) (Rule 11; breach claim)

L-3 Comm. Corp., ASBCA 54920 (2006) (breach of "Awarding Orders" clause)  

LABAT-Anderson, Inc. ASBCA Nos. 54904 et al, (2006) (Preservation, Packaging, Packing, and Marking claim and PPA interest) 

Sarang-National JV, ASBCA No. 54992 (2006) (Changes clause--specifying portion of work that must be self-performed by JV) 

JDD, Inc., ASBCA No. 55282 (2006) (increases in SCA wage rates; revised wage determination)  

SPACEHAB, Inc., ASBCA No. 54880 (2006) (hardware lost in space shuttle Challenger disaster)

Redwood Furniture Co., ASBCA Nos. 54944 et al (2006) (existence of contracts)

L-3 Communications Link Sim. and Training, ASBCA No. 54798 (2006) (Incentive Price Revision)

JWK Korea Ltd, ASBCA No. 54198 (2006) (increased labor costs; superior knowledge)

Weststar Revivor, Inc., ASBCA Nos. 52837, 53171 (2006) (claim for extra concrete work)

Imperial Constr. & Electric, Inc., ASBCA No. 54175 (2006) (non-appropriated fund activity; extra work and delay claims)

Advanced Business Concepts, Inc., ASBCA No. 55002 (2006) (accord and satisfaction; cost of specialty commercial items) 

Cost Principles; Defective Pricing; Cost Accounting Standards; Limitation of Costs

Lockheed Martin Integrated Systems, Inc., ASBCA Nos. 59508, 59509 (Dec. 20, 2016) (dismisses (i) government claim to disallow certain subcontract costs (because claim based on vague, conclusory assist audit reports on subcontractors that do not establish any logical claim against prime) and (ii) government claim that contractor breached some duty to the Government by failing to monitor subcontractors adequately to avoid billing Government for certain subcontractor costs questioned in various assist audits because Government failed to allege required elements of a breach)