Notwithstanding the Federal Circuits clear holdings in both Inter-Coastal and Sherwood Van Lines--and the fact that the ASBCA
is bound by such precedent--the ASBCA
has explained that, in those cases, "the transportation services were provided pursuant to the Transportation Act of 1940" and payment disputes were specifically required by that.
Upon appeal of disallowance of the costs, the ASBCA
applied a straightforward analysis of the loss of useful value factors.
Hearing the case two years ago, the ASBCA
found that the contractor was entitled to an equitable adjustment with respect to some of the claims.
19) The contractor then filed an appeal with the ASBCA
Although the plaintiff raised a claim of over-zealous inspection during one of the ASBCA
hearings, the ASBCA
did not rule on that claim.
26) Gosselin appealed the contracting officer's failure to issue a final decision on the PPA interest claim with the ASBCA
5) The contractor's sole argument to the ASBCA
was that it was not bound by FAR 52.
This article is premised upon the following thesis: the ASBCA
should adopt a modified version of the 100 Day Rule in order to achieve the administrative efficiencies originally envisioned by the CDA.
46) the ASBCA
ruled that the damages for a negligent government estimate in a requirements contract should be based on the fixed costs in the offeror's proposal rather than the company's actual costs performing the contract.
Rumsfeld, (3) the Court of Appeals for the Federal Circuit (CAFC) reversed the ASBCA
decision and held that the contractor was entitled to a price adjustment for the increased costs of providing the benefits.
5) After the contracting officer denied the claim, Harper/Nielson filed a timely appeal with the ASBCA
analyzed this claim as a constructive change.