Government Contracts MonitorClaims and DisputesBurgers 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… A “Spicy” Decision by the CBCA Clarifies the Role of a Contracting OfficerAugust 2, 2012 A recent food service industry decision from the Civilian Board of Contract Appeals provides some guidance regarding how a Contracting Officer should deal with potential mistakes in the bid process. In Red Gold, Inc. v. Dep’t of Agriculture, CBCA 2639 (July 6, 2012), the Board held that a unilateral mistake by the contractor was excusable and awarded $253,608. In connection with a… Government’s Internal Administrative Procedures Do Not Extend Time Limit for Bringing ClaimJuly 26, 2012 As previously reported here, the Court of Federal Claims and the Armed Services Board of Contract Appeals have held that the 6-year statute of limitations for bringing a claim applies equally to both the Government and its contractors. In Sikorsky Aircraft Corp. v. United States, Nos. 09-844C & 10-741C (Fed. Cl. July 18, 2012), the Court, once again, applied the Contract Disputes Act (CDA)… Contract Disputes Act Statute of Limitations Bars Government Claims in Two Recent DecisionsApril 26, 2012 In two recent decisions – The Boeing Company, ASBCA No. 57490 (Jan. 6, 2012) and Raytheon Co. v. United States, No. 09-306C (Fed. Cl. Apr. 2, 2012) –contractors successfully argued that the Government’s claims were barred by the 6-year statute of limitations under the Contracts Disputes Act (CDA). The CDA provides that “each claim by the Federal Government against a contractor relating to… Federal Circuit Clears Up Jurisdiction Confusion at the Board of Contract AppealsMarch 5, 2012 In Engage Learning, Inc. v. Salazar, No. 2011-1007 (Fed. Cir. Oct. 5, 2011), the United States Court of Appeals for the Federal Circuit clarified that when a contractor alleges the existence of an express or implied-in-fact contract with the government, that allegation is enough for a Board of Contract Appeals to have jurisdiction under the Contract Disputes Act (CDA). The Board should… The Perils of Claims by Sureties against the United StatesSeptember 9, 2011 The United States Court of Appeals for the Federal Circuit recently ruled on a variety of legal issues in Lumbermens Mutual Casualty Co. v. United States, Nos. 2010-5086, -5087 (Fed. Cir. Aug. 3, 2011) involving a Miller Act surety’s claims against the United States. The Federal Circuit’s ruling highlights (i) the need to comply with Contract Disputes Act requirements; (ii) the limited… |
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