9 results for 'judge:"Arnett "'.
J. Arnett denies the Army's motion to dismiss the contractor's appeal. The contractor filed an appeal from the denial of its claim involving missing trucks arising from orders against a blanket purchase agreement for the government to place call orders for material-handling equipment in Erbil, Iraq. The board lacks sufficient information to resolve the dispute over whether the claim for missing trucks includes separate claims or is one claim arising from the same facts.
Court: Armed Services Board Of Contract Appeals, Judge: Arnett , Filed On: February 15, 2024, Case #: 63522, Categories: Government, Military, Contract
J. Arnett denies the Army���s motion for summary judgment on the contractor���s claims for unpaid invoices. Under the Blanket Purchase Agreement, the Army could place call orders for forklifts and bulldozers at the Old Erbil International Airport in Erbil, Iraq. One invoice was required to be submitted for each call unless paid for by a government purchase card. Ninety-six invoices identified by the Army do not correspond with invoices listed on the contractor���s spreadsheets, and these material facts remain in dispute.
Court: Armed Services Board Of Contract Appeals, Judge: Arnett, Filed On: October 18, 2023, Case #: 63521, Categories: Military, Contract
J. Arnett grants the contractor���s petition to issue a contracting officer���s final decision to address its termination settlement and breach of contract proposals submitted after the termination for convenience of the contract for evaluation and repair and modification of turbine aircraft engines for the Navy. Both proposals are claims under the Contract Disputes Act and the board has jurisdiction to hear the petition.
Court: Armed Services Board Of Contract Appeals, Judge: Arnett, Filed On: October 16, 2023, Case #: 63637-PET, Categories: Military, Contract
J. Arnett denies the contractor���s motion for leave to amend its challenge of a negative evaluation entered in the Contractor Performance Assessment Report system regarding the contract for school bus services for Navy joint bases. The contractor seeks to add another count asserting that the termination of its contract is a ���legal nullity��� and that the contracting officer ���exceeded her authority in terminating the contract for cause.��� This count is a challenge to a decision that was not timely appealed, and the board does not have jurisdiction to consider it.
Court: Armed Services Board Of Contract Appeals, Judge: Arnett, Filed On: October 11, 2023, Case #: 63555, Categories: Government, Military, Contract
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J. Arnett denies the contractor���s appeal of this commercial items contract to lease and maintain several types of non-tactical vehicles for government use at Al Asad Air Base, Iraq. The contractor requests that the termination of the contract for cause be converted to a termination for convenience and seeks compensation for damages and restoration of rights under the contract. The contractor failed to deliver vehicles meeting contract requirements and has not demonstrated that its default was excusable.
Court: Armed Services Board Of Contract Appeals, Judge: Arnett, Filed On: October 3, 2023, Case #: 63320, Categories: Government, Military, Contract
J. Arnett sustains the contractor's appeal of the commercial services contract awarded by the U.S. Air Force for delivery of crane equipment, a tractor and fuel pods from Houston, TX to Diego Garcia in the Indian Ocean. Delays in Houston led to additional costs and the government contends the contractor relied upon unauthorized instructions from the shipper, making a business decision to wait. The contractor should not be penalized for waiting, satisfying its performance objective and honoring the special instructions of its One Time Only booking. The withdrawn container stuffing portion of the claim is dismissed.
Court: Armed Services Board Of Contract Appeals, Judge: Arnett , Filed On: August 17, 2023, Case #: 63407, Categories: Government, Military, Contract
J. Arnett denies the appeal seeking $1.1 million for store labor services incurred by the contractor in performance of a blanket purchase agreement with the Navy. The contractor says that because only a portion of estimated orders were filled with its products, and service costs were included within the cost of its products rather than priced separately, it only received payment for ordered products which was insufficient to cover incurred costs. The purchase agreement is not a contract for purposes of the Contract Disputes Act and the contractor cannot prevail under express or implied-in-fact contract theories.
Court: Armed Services Board Of Contract Appeals, Judge: Arnett, Filed On: July 20, 2023, Case #: 63294, Categories: Government, Military, Contract
[Consolidated.] J. Arnett denies the contractor���s appeal for an amount requested in its final voucher submitted under its cost-plus fixed fee contract with the Naval Surface Warfare Center, administered by the Defense Contract Management Agency. The fixed fee totaled over $520, 000, and the final voucher requests over $12, 000 for overhead and ���fixed fee earned.��� The total fixed fee was capped and a fee interpreted by the contractor as applying to the total allowable cost, according to contract language applies strictly per invoice to ensure payment throughout the contract as invoices are submitted. It cannot exceed to total contract amount. No facts are set forth to demonstrate the claimed overhead.
Court: Armed Services Board Of Contract Appeals, Judge: Arnett, Filed On: June 22, 2023, Case #: 63534, Categories: Government, Military, Contract