ASBCA Applies Christian Doctrine to Payment and Performance Bonding

Federal construction contracts incorporate the FAR’s payment and performance bonding requirements as a matter of law, even if the solicitation omits these bonding provisions.

In a recent Armed Services Board of Contract Appeals decision, K-Con, Inc., ASBCA Nos. 60686, 60687 (2017), a contractor ran headlong into construction bonding issues when the Army demanded payment and performance bonding for two of its construction contracts despite there being no bonding requirements in either of the contracts. According to the ASBCA, the bonds were required anyway.

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No “Sum Certain” Means No Valid Claim, Board Holds

A contractor’s claim against the Government was invalid because the contractor did not demand a “sum certain” in clear and unequivocal terms.

In a recent decision, the Postal Service Board of Contract Appeals held that a contractor’s claim was deficient where the contractor argued that it was up to the government to figure out the amount of the claim using “simple mathematics.”

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