Government Contracts Monitor

Where’s the Beef? A Contractor Learns the Hard Way that Ground Beef Does Not Taste Like Chicken

February 19, 2013

A government contractor recently learned the hard way that it should quote the right price for the right product when it issues a quote to the government.  In Lacey Newday Consulting, LLC (“Lacey”) v. Department of Justice, CBCA Nos. 2782, 2832 , the Bureau of Prisons issued an Request for Quotation to supply 10,000 pounds of ground beef (80/20 to be exact) for use at the United States…

Contractors Beware: Make Sure the Person Issuing Orders Has Authority to Bind the Government

January 30, 2013

In another cautionary tale for contractors, the Armed Services Board of Contract Appeals (ASBCA) denied a contractor’s claims for performance costs that resulted from constructive changes to the contract.  The Board found that the government personnel allegedly directing the changes lacked proper authority to alter the contract.  See ECC International, ASBCA No. 55781 (Dec. 28,…

Court of Federal Claims Tells Contractor to Go Pound Sand

January 25, 2013

The Court of Federal Claims recently granted the Government’s motion to exclude expert testimony in case involving a contractor’s claims for utility location services, finding that the contract was unambiguous.  See Cheaves v. United States, No. 12-228C (Fed. Cl. Jan. 10, 2013).

At issue in the case was the interpretation of a particular line item in a firm fixed price contract calling for…

Contractor Time Barred over Untimely Caterpillar Contract Claim

October 22, 2012

The Court of Federal Claims recently dismissed several patently meritorious claims involving the Army’s leasing of Caterpillar construction vehicles in connection with the Iraq war because they were untimely under the relevant statutes of limitation.  Uniglobe General Trading & Contracting Co. v. United States, No. 10-204C (Fed. Cl. Sept. 27, 2012). 

Under the contract, the Army leased five…

ASBCA Agrees: Not All Contract Extensions Are Created Equal

October 16, 2012

In the recent decision of APAC-Southeast, Inc. n/k/a Oldcastle Southern Group, ASBCA No. 58057 (Sept. 27, 2012), the Armed Services Board of Contract Appeals (ASBCA) expressly adopted the Federal Circuit’s interpretation of FAR 52.217-8 and 52.217-9, two standard clauses providing for contract extensions in holding that the Government may extend services under the fixed price of the contract even…

It’s Good to Be King: COFC Applies Sovereign Act Doctrine to Negligence Claims

October 12, 2012

In a case of first impression, the Court of Federal Claims (COFC) held that the Sovereign Acts Doctrine barred claims by a contractor for damage to its equipment during Hurricane Katrina that the contractor alleged was the caused by the Army Corps of Engineers’ negligent design, maintenance, and operation of the New Orleans levees. C.R. Pittman Construction Co. v. United States, No. 08-196C (Fed.…

Pick Your Forum Carefully, Subcontractors: The CBCA May Not Hear Your Claim

October 5, 2012

In a short opinion highlighting the Civilian Board of Contract Appeals’ (CBCA) limited jurisdiction, the Board held that it had does not have jurisdiction to hear a claim brought by a subcontractor against the Government for the prime contractor’s failure to pay.  Eagle Peak Rock & Paving, Inc. v. Dep’t of Interior, CBCA 2770 (Sept. 19, 2012). 

The prime contractor in this case,…

Contractors Need More Than A Mere Factual Coincidence To Win A Breach Of Contract Case Against The Government

September 28, 2012

You are a subcontractor on a federal prime contract.  You complain about the prime contractor to the federal agency under an alleged promise of confidentiality.  You then get terminated by the prime contractor within hours of complaining to the federal agency.  What do you do?  You sue the federal government for breach of contract, of course.  And with nothing more…

A Government Contractor Gets “Snowed” at the CBCA for $100,000

September 18, 2012

We all know it is very difficult to predict the weather. A government contractor learned that lesson the hard way -- the Civilian Board of Contract Appeals (CBCA) recently decided that even though a government contractor performed over $100,000 in snow removal from a government facility, in a year in which the snow fell at three times the average rate, the Government would not pay for it because…

No Contracting Authority Means No Contract With the Government

August 16, 2012

Recently the Civilian Board of Contract Appeals dismissed an appeal filed by a contractor that performed over a quarter million dollars of emergency restoration services to a Veterans Administration hospital in Philadelphia because the contract documents the contractor performed under were executed by an agency employee without contracting authority.

The case, CPR Restoration, LLC, v. Department…

Getting Paid By The Government For All Hours Actually Worked By Salaried Employees

August 10, 2012

Who says you cannot bill the government – and get paid - for all hours actually worked by salaried employees, including hours in excess of forty hours per week?  Under certain circumstances and using certain contract clauses, the Armed Services Board of Contract Appeals (“ASBCA”), in GaN Corporation, ASBCA No.  57834 (July 13, 2012), says this is perfectly acceptable.

The…

Burgers at the CBCA – Just in Time for a Summer Picnic!

August 8, 2012

The Civilian Board of Contract Appeals served up a recent decision “medium rare” for a small business in New Mexico -- in Papa Franks v. Dep’t of Justice, (CBCA 2779), the Board denied relief to Papa Franks, a small burrito and sandwich shop in Albuquerque.  Papa Franks entered into a contract that upon verbal request from the United States Marshal, it would provide meals to federal inmates…