5925259450

Lulus Ostrich Ranch

October 10, 2014Judge Stempler
Denied / Government PrevailedCDA Jurisdiction

Lulus Ostrich Ranch appealed to the ASBCA regarding motions to stay payments and termination of contracts related to the sale of scrap metal. The Board denied both motions, citing a lack of jurisdiction.

Material Facts

  • The government issued Invitation for Bid No. 39-3606 for the sale and removal of scrap property.
  • The IFB identified four categories of scrap to be sold and removed.
  • The IFB contained 'Conditions of Sale' that included a 'Default' provision and a 'Disputes' clause subject to the Contract Disputes Act.
  • On 21 January 2014, the government awarded appellant four contracts for the sale and removal of scrap.
  • Appellant alleged a bid price error due to a math mistake in converting prices from kilograms to pounds.
  • The sales contracting officer issued a final decision denying appellant's claim for a price adjustment.
  • Appellant filed a motion to stay payments and a motion to stay termination of contracts, both of which were denied by the Board.

Parties

Appellant
Lulus Ostrich Ranch
Respondent Agency
Defense Logistics Agency
Contract Number
48695390, 48695391, 48695490, 48695290
Open Official Decision PDF (asbca.mil)AI-analyzed, grounded in the decision text. Verify against the official PDF before relying on it.

Full Legal Analysis

Create a free account to read the complete grounded legal brief for this decision, including the holding, every issue the Board decided, quantum, verified citations, and the case's citation graph.

Holding & Legal Reasoning

The Board's holding, background, and procedural posture for this decision.

Issues Presented

Every issue the Board decided, with its determination, reasoning, and supporting authority.

Quantum & Recovery

The claimed, awarded, and net dollar amounts at issue, itemized where the record supports it.

Verified Authorities & Citations

Every cited FAR, DFARS, CAS, and case-law authority, cross-checked against the source text.

Practitioner Takeaways

Practical guidance for contractors and counsel, distilled from the Board's ruling.

Similar Cases

Related decisions surfaced by semantic search across the full analyzed corpus.

Citation Graph

An interactive graph of this case's cited authorities, judge, agency, and related decisions.

Related Decisions

Same Judge

Same Year

Same Issue

Newsletter

New decisions every Monday

GovConDash Weekly lists the decisions GAO, the boards, the courts and SBA OHA released that week, alongside the FAR Overhaul deviations and proposed rules that reach every contractor. Free.

Free, weekly, and one click to unsubscribe. We send a confirmation email first. See our Privacy Policy.