Federal Circuit Clarifies When Affirmative Defenses Must Be Submitted as Claims, and When Interest Runs

On July 9, 2019, the Federal Circuit issued a decision in Army v. KBR, which although nonprecedential, further clarifies when an affirmative defense constitutes a CDA claim that – for jurisdictional purposes – requires a prior Contracting Officer’s Final Decision. As background, the Army withheld $44M in allegedly unallowable security costs from KBR’s invoices. KBR submitted […]
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