(24) In Pittman, the GSBCA
noted the diverging approaches taken in earlier decisions, concluding that a claim need not rise to the level of a cardinal change:
It is important to underscore one aspect of the relationship between the GAO and the GSBCA
that forced each entity to account for, and respond to, the behavior of its counterpart.
You can get this from the GSBCA
or your lawyer or send us $10 and it is on the way.
The appellant initially filed his appeal with the General Services Board of Contract Appeals (GSBCA
wrote to the GSBCA
that settlement documents would be forwarded to the board once they were complete.
agreed with the government, holding that since the Department of Commerce did not exercise the option according to its terms (i.e.
Without getting to the merits, which were left for future resolution, the GSBCA
considered the issue of whether the dispute was properly before the board.
(884) Last year, in NVT Technologies, (885) the GSBCA
affirmed Sodexho when it rejected a stipulation between the parties agreeing to pay attorney fees exceeding the statutory authorized limit.
The General Services Administration Board of Contract Appeals (GSBCA
) agreed that the contractor clearly failed to give reasonable assurances in response to the cure notice, and that the contracting officer justifiably determined that there was no reasonable likelihood that the contractor would perform the work in the time required.
As a result of that appeal, GSBCA
agreed that the default termination decision was improper and converted GSA's termination into a termination for the convenience of the government.
Recently, the GSBCA
held that attorney fees incurred by a contractor to defend third party suits resulting from the government's breach of a settlement agreement are not recoverable.
(14.) Appeal of Capital Electric Company 81-1 BCA 15,001, GSBCA