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Recent Cases and Decisions

  • A Claim Must Include “A Sum Certain” to be Valid
  • Appeal Board Continues to Erode Statute of Limitation Defense to Claimed Costs
  • Bill Would Count Lower-Tier Subcontracts Toward Goals
  • Board Rules Several Costs are Unallowable and Subject to Penalties
  • Commercial Item T of C Clause Entitled Contractor To Payment for Work in Progress
  • Contractors Relied on Inaccurate Cost Data to its Detriment
  • Failure to Divulge Increased Profit is not a “False Claim”
  • FAR Delay Exception Requires Disruption at Agency Location
  • Government Control Exception Applies to Electronic Submissions
  • Government is Not Responsible for Contractor’s Cost Overrun
  • Head Count Risk for Dining Contract is Reasonable
  • Impasse in Negotiations Establish Right to Appeal
  • Legal Costs Related to Fraud Allegations are Allowable Costs if the Company is Not Found Liable
  • Negligent Estimate Claim Survives
  • Salary That Was Not Paid Was Improperly Billed
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A Claim Must Include “A Sum Certain” to be Valid

R&G Foods submitted a claim under the Contract Disputes Act that claimed an amount “not less than”. The Board ruled the claim was inadequate and hence it had no jurisdiction to rule because it was not a claim for “a sum certain” as required under the CDA (R&G Food Services Inc. vs. Dept of Agriculture, CBCA No. 3126).

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