Government Contracts & Investigations

Category: Claims and Disputes

Government’s Apparent Acquiescence Doesn’t Overcome “Plain” Contract Language

By

Despite “troubling” government conduct, the Armed Services Board of Contract Appeals (ASBCA) recently denied an appeal arising out of electrical work performed on a $38 million construction project involving the ground-up construction of four buildings for the United States Army. The dispute in Watts Constructors, LLC, ASBCA No. 61493 involved the use of rigid conduitRead More

Topics: Claims and Disputes, Construction, Contract Administration

You Can’t Always Get What You Want…Unless You Actually Asked For It

By

The Government was recently reminded of its responsibility to clearly articulate its requirements for contract performance in Command Language, Inc. d/b/a CLI Solutions, ASBCA No. 61216. There, the Government had sought the creation of 30 and 40 level maintenance manuals to support Afghan forces utilizing Mobile Strike Force Vehicles (MSFV) in Afghanistan. The Afghan forcesRead More

Topics: Claims and Disputes

EAJA Provides Relief to Construction Contractor for Government’s Bad Actions

By

In Vet4U, LLC v. Department of Veterans Affairs, the Civilian Board of Contract Appeals awarded costs and attorney fees to the small business contractor that won its appeal pursuant to the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504, after finding the government’s position was not substantially justified. The EAJA is a usefulRead More

Topics: Claims and Disputes, Contract Administration

U.S. Government Issues Alert Regarding Critical Windows 10 Update – Are You Entitled To Compensation?

By

Earlier this month, the National Security Agency (NSA) discovered a serious security flaw in Microsoft Windows 10 cryptographic functionality, CVE-2020-0601.That security flaw could render trust certifications used to authenticate sources in communications and files vulnerable to spoofing or attack. As the NSA Cybersecurity Advisory notes, “[e]xploitation of the vulnerability allows attackers to defeat trusted networkRead More

Topics: Claims and Disputes, Contract Administration, Cyber, Data Security, and Privacy

No Magic Words Required…Contractor Avoids Dismissal of “Claim” Despite No Specific Request for Contracting Officer “Final Decision”

By

In Hejran Hejrat Co. LTD, v. United States Army Corps of Engineers, No. 2018-2206, 2019 WL 3210172 (Fed. Cir. July 17, 2019), the United States Court of Appeals for the Federal Circuit reversed an Armed Services Board of Contract Appeals (“ASBCA”) decision dismissing the contractor’s claim for lack of jurisdiction.  The ASBCA based its dismissalRead More

Topics: Claims and Disputes