Sharp Electronics Corp. v. McHugh: The Not-So-Bright-Line

In Sharp Electronics Corp. v. McHugh, referred to in this article as ‘‘Sharp III,’’ the Federal Circuit, for the first time, addressed the interpretation and application of FAR 8.406-6, the 10-year-old Disputes Clause applicable to claims under the Contract Disputes Act of 19782 (CDA) submitted in connection with Federal Supply Schedule (FSS) contracts. The Disputes Clause governs which contracting officer (CO) — the agency who issued a particular contract or the agency who issued
the schedule — has the authority to decide a claim submitted by a contractor, which in turn affects appellate jurisdiction over the claim since a final decision is a prerequisite for any appeal.

↓ Download the pdf