A contractor's appeal of an Armed Services Board of Contract Appeals
decision was dismissed by the Court of Appeals for the Federal Circuit
because the contractor knowingly and voluntarily waived its right to appeal.
The dispute arose from a contract to build and operate a hotel facility at a
military base. The contract provided it was not subject to the Contract
Disputes Act and the disputes clause made the ASBCA the exclusive and final
appellate review forum. After the ASBCA dismissed the contractor's breach
claim as duplicative ( 10-2
BCA ¶34,510), the contractor appealed to the Federal Circuit, where it
argued it could not legally consent to waive its statutory right to an
appeal. According to the contractor, its agreement to waive its appeal
rights was contrary to the CDA and public policy.
(The news featured above is a selection from the news covered in the Government Contracts Report Letter, which is published weekly and distributed to subscribers of the Government Contracts Reporter. )