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If It’s Not One Thing, It’s Another: Claiming Alternative Sums Not Fatal Under CDA

Client Alert | 1 min read | 12.24.20

In Constellation NewEnergy, Inc., ASBCA No. 62518 (December 8, 2020), the Armed Services Board of Contract Appeals addressed whether a claim satisfied the Contract Disputes Act’s “sum certain” requirement when it listed two alternative amounts of recovery.  The contractor initially submitted a “Change Order Request” in which it sought (1) a certain amount for completed work, and (2) also stated that additional work could be completed for a greater amount.  A Navy contract specialist responded, in part, that the Government did not want to pursue or order the proposed additional work.  The contractor later converted the submission into a claim for the performed work, without amending the proposed amounts.  The contracting officer issued a final decision in which she noted that she was only addressing the amount sought for the performed work.  On appeal, the Board requested that the parties address whether the “sum certain” requirement was met.  The Navy moved to dismiss for lack of jurisdiction.  The Board ultimately held that the requirement was met because the contracting officer understood what amount had actually been claimed.  Specifically, when issuing the decision, the contracting officer recognized that the second, additional amount was not part of the dispute because the Government had declined to order the proposed work.  This decision affirms the Board’s precedents maintaining jurisdiction over claims that present an alternative sum certain, where the amount sought is understood and/or can be calculated.

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Client Alert | 3 min read | 05.29.26

Rough Seas for International Cartels: DOJ Indicts Four of the Largest Container Manufacturers and Executives for Price-Fixing

Last week, the U.S. Department of Justice (DOJ) Antitrust Division (the Division) revealed criminal charges against China International Marine Containers (Group) Co., Ltd. (CIMC) and several other major Chinese companies and executives involved in the manufacture and sale of standard dry shipping containers, which are used for shipping dry, unrefrigerated cargo on ships around the world. One of the executives was arrested at an airport in France and is awaiting extradition to the U.S. The indictment charged these defendants with violating Section 1 of the Sherman Act by conspiring to restrict output and fix prices of standard dry containers, including in the U.S. market, from 2019 to 2024....