AGBCAAgriculture Board of Contract Appeals (US Department of Agriculture)
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In Ardco, Inc., (1) the AGBCA, in deciding a Forest Service motion for partial summary judgment, held that a contractor can recover anticipatory profits for work it would have been given under an indefinite delivery, indefinite quantity (ID/IQ) contract had the government not hindered the contractor's ability to perform.
The AGBCA agreed with the government that the contractor must provide evidence of its costs in order to obtain entitlement.
The AGBCA explained that the contracting officer "had legitimate concerns, however, having legitimate concerns is not the test for justifying a termination." (201) Instead, the test is "whether there was no reasonable likelihood of completion." (202) In the board's view, "the Appellant could have started the remaining construction considerably later than July 5, 1997, and still likely have met the due date." (203) The board found that the contracting officer's conclusion to the contrary was unreasonable.
672, 674-75, 677 (2000); see Umpqua Excavation & Paving Co., AGBCA No.