Tecom, Inc. v. United States’s Empirical Analysis
732 F.2d 935 · 1984
Citation profile
3 federal appellate ·
How this case has been cited
Cited by 88 later decisions — most recently February 2021 · most notably Mingus Constructors, Inc. v. United States (1987), Contract Cleaning Maintenance, Inc. v. United States (1987)
3 federal appellate ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 41 U.S.C. § 605
Relies on United States v. Johnson Controls, Inc. · W.M. Schlosser Co. v. United States · J.F. Shea Co. v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 88 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the general principle that a monetary claim properly considered by the contracting officer (here, because it was less than $50,000 and covered only one year) need not be certified or recertified if that very same claim (but in an increased amount reasonably based on further information) comes before a board of contract appeals or a court.”
2 later decisions quote this exact passage · from the majority“[b]y the statutory terms, the certification requirement applies to submission of claims to the contracting officer; certification at that time, if required, is all-important. See W.M. Schlosser Co., supra, at 1338 . In this instance, the contracting officer had full jurisdiction over the claim which was for far less than $50,-000, his decision on the claim was well within his authority, and the ASBCA had full jurisdiction over Tecom’s appeal from that decision. When the company later came to file its final complaint before the ASBCA, the Air Force had exercised its option to extend the contract for one more year. The increased reimbursement sought in that complaint was explained (at the Board hearing) as representing (a) an improved reevaluation of the original estimate ($11,000.04) on the basis of the first year’s actual experience, and (b) a projection of that increased sum for the expected full three-year term of the contract. There is no contest of that explanation, and on its face it is reasonable and adequate. In those circumstances, we think the Government wrong in demanding certification at the Board level. Where no certification of the claim was earlier compelled because the amount asked was properly less than $50,000 at that time, the contractor could legally increase its monetary demand before the ASBCA in view of the intervening prolongation of the contract and the experience of actual operation. There is no violation of either the letter or the purpose of the cer”
1 later decision quote this exact passage · from the majority“Claim, as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. ...”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.