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Miller & Chevalier Files Federal Circuit Amicus Brief on Contract Disputes Act (CDA) Jurisdiction

Litigation Alert

Miller & Chevalier Chartered recently filed an amicus brief, on behalf of the National Defense Industrial Association (NDIA), addressing a significant issue regarding jurisdiction under the Contract Disputes Act (CDA). The brief urged the U.S. Court of Appeals for the Federal Circuit to reverse a decision of the Armed Services Board of Contract Appeals (ASBCA), in which the ASBCA found that a unilateral modification setting the definitized price of an Undefinitized Contract Action (UCA) cannot be immediately appealed — and instead a contractor must first submit a certified claim challenging the definitization. As explained in the filing, which is available here, the ASBCA's decision is contrary to the plain language of the FAR, the case law, and the fundamental purpose of the CDA, which is to make the contract disputes process as simple and efficient as possible.

The case is Lockheed Martin Aeronautics Co. v. Secretary of the Air Force, No. 2022-1035 (Fed. Cir.). The amicus brief was authored by the team of Jason Workmaster, Alejandro (Alex) Sarria, and Connor Farrell. 

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