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Darby8001

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Blog Comments posted by Darby8001

  1. Don,

    Good questions and I am not real sure of the answer. The best I could come up with is from another court See P.R. Burke Corp. v. United States, 47 Fed. Cl. 340 (2000), which stated: ?This court prefers to use the context in which the contract language appears and the intent of the parties, rather than general dictionary definitions, to proved plain meaning to contract terms?

    Also on pg. 161 of Admin of Gov Contracts the texts mentions that ?Dictionary definitions are rejected when they are not useful or there is better evidence to determine the meaning of a term.?

    In these instances I would say since the FAR provides a more appropriate definition then why not use it?

    In any event thanks for the good discussion.

  2. Don,

    I know we discussed this at length but stumbled across the below case and thought it might interest you. Ameresco Solutions, Inc. ASBCA Nos. 56824, 56867.

    http://www.asbca.mil/Decisions/2011/56824_030411_WEB.pdf

    In this particular case the ASBCA held that a delivery order issued by DESC pursuant to a DOE contract was a separate DoD contract over which the ASBCA had jurisdiction on appeal.

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