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. )