Pre-Contract Challenges to Government Assertions of CAS Noncomplicance and Cost Disallowances.

The court rejected Boeing's bases for distinguishing AT&T and held that, consistent with the principles in AT&T, Boeing had waived its challenge to FAR 30.606 when it entered into the representative contract. However, a CDA claim would not likely fully resolve a potential protest of a different contract opportunity because the existing contract and the new contract opportunity may involve separate federal agencies making the relief obtained in a CDA dispute potentially nonbinding on the other agency. In addition, if the contract that is the subject of a CDA claim is cost reimbursement, relief under that contract will not be sufficient to afford relief if the other contract is FFP. Although the contractor in Boeing successfully convinced the Federal Circuit that waiver of its claims was not appropriate, the Boeing decision counsels caution and diligence by contractors so that they do not find themselves having waived significant contract claims. [Extracted from the article]
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