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Government Claims Were Conclusory, Lacked Specificity

A contractor's motion for summary judgment on government repayment claims was granted by the Armed Services Board of Contract Appeals because the government never specifically identified the work the contractor allegedly failed to perform. The contracting officer's final decision demanded repayment under two technical support contracts on grounds the contractor "failed to perform the prescribed work." On appeal, the contractor moved for summary judgment. The government maintained the contracts were firm fixed price, level-of-effort and the contractor did not expend the required level of effort.

Record Lacking

However, the contracts were FFP, but not LOE. The government had the burden of proof, and to show a triable issue, it was required to identify the specific work the contractor failed to perform as an essential element of its cases. The CO's statements in the final decisions about unperformed work were "conclusory" and did not specifically identify any unperformed work, and the government did not point to record evidence identifying the unperformed work. (Unconventional Concepts, Inc., ASBCA, 92,774)




(The news featured above is a selection from the news covered in the Government Contracts Report Letter, which is published weekly and distributed to subscribers of the Government Contracts Reporter. )


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