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Profile: Department of Transportation Board of Contract Appeals

Department of Transportation Board of Contract Appeals was a participant or observer in the following events:

Inslaw files a claim with the Department of Transportation Board of Contract Appeals in its dispute over the Justice Department’s use of enhanced PROMIS software. Further claims will be filed on September 19, 1986 and August 24, 1987. The claims are filed subsequent to notices of appeal submitted in February 1985, as well as May and November 1986. The monetary claims fall into six categories:
bullet Time-sharing charges for a computer center operated by Inslaw and used by several US attorneys’ offices;
bullet Contract target fees and other payments;
bullet Indirect costs, including overheads;
bullet Direct costs;
bullet Costs, including legal fees, incurred by Inslaw after a portion of the original contract was terminated by the government for its own convenience; and
bullet Costs incurred because the Department withheld payments.
However, as the issue is also the subject of a dispute before a bankruptcy court and subsequent appeal courts, the matter will be held in abeyance and the board will not take any significant steps for years. [US Congress, 9/10/1992]

Entity Tags: US Department of Justice, idateasiapi, Inslaw, Inc.

Timeline Tags: Inslaw and PROMIS

A judge hearing the PROMIS case for the Department of Transportation Board of Contract Appeals (DOTBCA) says that findings by the Bankruptcy Court for the District of Columbia and the US District Court for the District of Columbia have left a “cloud” over the Justice Department. The two courts originally found for Inslaw (see September 28, 1987 and November 22, 1989), which is in dispute with the department over an enhanced version of the PROMIS software, but these rulings were overturned on appeal, mostly on jurisdictional grounds (see May 7, 1991). At a hearing, counsel for the department says, “I think those trials speak for themselves, and every order has been vacated.” However, the judge responds: “There is one problem. The fact that a judge or a court doesn’t have jurisdiction doesn’t mean that the court is completely ignorant. True, Mr. Bason [the bankruptcy court judge] and Mr. Bryant [the judge that heard the initial appeal] did not have jurisdiction, but they did make some very serious findings on the basis of sworn testimony. They had been truly vacated, and it may be that all the statutes to run have run and they can’t go anywhere. Those cases may be dead forever. But it has left a cloud over the respondent [the department].” The House Judiciary Committee will comment: “As the DOTBCA judge concluded, there definitely remains a cloud over the department’s handling of Inslaw’s proprietary software. Department officials should not be allowed to avoid accountability through a technicality or a jurisdiction ruling by the Appeals Court.” [US Congress, 9/10/1992]

Entity Tags: idateasiapi, House Judiciary Committee, Inslaw, Inc., US Department of Justice

Timeline Tags: Inslaw and PROMIS

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