Cohen Mohr Argues Case of First Impression in Federal Circuit re: BCA Jurisdiction Under Contract Disputes Act: Sharp v. Dept. of the Army, 2012-1299 (Fed. Cir.)

On December 6, 2012, the Court of Appeals for the Federal Circuit heard argument in a case of first impression regarding the interpretation and application of FAR 8.406-6, which provision determines the authority of the ordering agency contracting officer to issue final decisions on claims under the Contract Disputes Act, 41 U.S.C. § 7101 et seq.  The provision has been a source of confusion and uncertainty since it was amended in 2002.  See Spectrum Healthcare Resources, Inc., ASBCA No. 55120, 06-2 BCA ¶33,377; Sharp Electronics Corp., ASBCA No. 54475, 04-2 BCA ¶32,704.  A link to audio recording of the argument can be found here: https://oralarguments.cafc.uscourts.gov/default.aspx?fl=2012-1299.mp3. A decision is expected in 2013.