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Administrative Leave OK If Feds Gave It Too

Client Alert | 1 min read | 10.19.05

On October 11 DoD issued guidance (http://www.acq.osd.mil/dpap/policy/policyvault/2005-1405-DPAP.pdf) stating that the allowability of costs of paid administrative leave granted to contractor employees as a result of closures caused by Hurricane Katrina will be determined on a case-by-case basis, taking into consideration whether other businesses in the same geographical area were closed because of the hurricane and whether Federal employees in the same area received paid administrative leave. Although the guidance strongly encourages the negotiation of advance agreements regarding the allowability of other “unusual” costs incurred by contractors for the support of displaced employees, contracting officers are directed not to approve payments for Katrina-related costs pending the outcome of claims for such costs from insurance carriers.

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Client Alert | 1 min read | 08.10.26

ASBCA Denies Government Motion to Dismiss, Providing Key Guidance on Contractor Claim Standards Post-ECC International

In Appeal of Bahadir (a C&M case), the Armed Services Board of Contract Appeals denied the government’s motion to dismiss in its entirety, ruling in favor of the contractor on both key issues raised by the government. The case arises from a contract for construction work at Al Udeid Air Base in Qatar, under which Appellant alleged government-caused delay and filed certified prolongation claims using a “windows analysis” methodology. The government moved to dismiss, arguing that Appellant failed to state a sum certain for each of what the government characterized as 38 distinct claims, and separately that four claims had not been properly presented to the Contracting Officer. ...