holding that the regulation need not be in effect when the contract was awarded so long as adoption of the regulation was remedial and intended to afford safeguards to the contractor
How later courts described this case
- holding that the regulation need not be in effect when the contract was awarded so long as adoption of the regulation was remedial and intended to afford safeguards to the contractor
- reasonableness of profits as measured by the Defense Department Weighted Guideline Standards
Written by the judges who cited it.
The opinion
DAVIS, Judge
(concurring):
Newport News, which I consider now binding on me, settled the issue of whether the ASPR guidelines were required to be followed even though neither party invoked them before the Board. That being so, I agree with the court, for the reasons it gives, that those regulations apply to this case as well, and on that basis I join in the disposition requiring them to be applied here.