BOARD HAS NO JURISDICTION TO CONSIDER NEW CLAIM THEORIES NOT PRESENTED TO CONTRACTING OFFICER

One of the bedrock principles of the Contract Disputes Act (“CDA”) is that each claim by a contractor relating to a federal contract shall be submitted to the Contracting Officer (“CO”) for decision.  41 USC § 7103(a)(1).  For a board or a Court to possess...

PLAIN MEANING RULE

The Contract Disputes Act permits either the government (with the prior approval of the Attorney General) or the contractor to appeal the decision of a Board of Contract Appeals (41 U.S.C. §7107(a)).  Appeals are taken to the Court of Appeals for the Federal Circuit. ...