Amicus Curiae Brief — Grumman Aerospace Corp. v. United States

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GF JUL 29 1992

No. 90-1800

FICE OF THE CLERK

IN THE

Supreme Court of the GAnited States

OCTOBER TERM, 1990

GRUMMAN AEROSPACE CORPORATION,

Petitioner,

¥i

UNITED STATES OF AMERICA,

Respondent.

On Petition for a Writ of Certiorari to

the United States Court of Appeals

for the Federal Circuit

THE FEDERAL CIRCUIT BAR ASSOCIATION

BRIEF AMICUS CURIAE IN SUPPORT OF

PETITIONER, GRUMMAN AEROSPACE CORPORATION

OF COUNSEL: CLARENCE T. KIPPS, JR.

(Counsel of Record)

Cyrus E. PHILLIPS, IV MILLER & CHEVALIER,

McGuIRE, Woops, BATTLE CHARTERED

& BOOTHE Metropolitan Square

Suite 1000 Suite 900

1627 Eye Street, N.W. 655 Fifteenth Street, N.W.

Washington, D.C. 20006 Washington, D.C. 20005-5701

(202) 626-5800

Attorneys for Amicus Curiae,

The Federal Circuit Bar Association

July 29, 1991

PRESS OF BYRON S. ADAMS, WASHINGTON, D.C. (202) 347-8203

TABLE OF CONTENTS

FAG TE BUT EEMOD erccestiteitvciaancseesicsnseesecesses

THE AMICUS AND ITS INTERESTS .......................

REASONS FOR GRANTING THE WRIT ...................

L.

Il.

If.

IV.

The Court of Claims’ and Federal Circuit’s

Decisions That Certification of Claims Is Ju-

- Tisdictional Hinder the Administration of

RU alae a

The Jurisdictions of the United States Claims

Court and the Boards of Contract Appeals

Is Not a Upon the Certification of

RD I SID. civennocsenctcccsnesicisononscenss

FAR 33. a ay Is Invalid Because It Con-

flicts with the Plain Language and Express

Purpose of the Statute It Purports To

ST itiinehiedienaucidipeiinenbiaiaetienspeiniienssinesss

A Decision Overruling Lehman Could Be

Limited To Prospective Application. ............

Se INNNET sctionsncektinnensvindbmacedihnasatesinauiiimkebiavinaiies

TABLE OF AUTHORITIES

Cases: Page

A. P. Green Export Company v. United States, 284

F.2d 383 (Ct. Cl. 1960) ........sccccesrrerseeereeessenees 17

Allen v. Hardy, 478 U.S. 255 (1986) .......sescceeeeees 17

Allied Painting & Decorating Co., ASBCA No.

42496 (June 10, 1991) .......cceerceesereeesereeseeees 5

Batson v. Kentucky, 476 U.S. 79 (1986) ..........0++++ 17

Boeing Co. v. United States, 680 F.2d 132 (Ct. Cl.

1982), cert. denied, 460 U.S. 1081 (1983) ....... 18

Buckley v. Valeo, 424 U.S. 1 (1976) .....sesecseereeeees 18

Clark Mechanical Contractors v. United States, 12

Cl. Ct. 415 (1987) ...cccrcrccccccccccccccccesccssssosssessees 7,8

Harbert Int’l, Inc., ASBCA Nos. 41144, 41571 (June

DE. TODA) ncncnascresiessernssnsnterechocciarzsmeonstessnneogenssss 4

JAYCOR, ASBCA No. 40911 (June 10, 1991)....... 5

Lake Shore, Inc., ASBCA No. 42578 (June 11,

TODD) .cncaccocasecsccreesesedassoonesssccssarteteneesoeronesecebssase 5

Newport News Shipbuilding and Dry Dock Co.,

ASBCA No. 83244 (June 26, 1991) .............++ 4

Northern Pipeline Construction Co. v. Marathon

Pipe Line Co., 458 U.S. 50 (1982) .......-cee0e 17

Paul E. Lehman, Inc. v. United States, 673 F.2d

B52 (Ct. Cl. 1982) ..........ccccccsrcccserecsssrscssscsseoes 11,12

Placeway Construction Corp. v. United States, 920

F.2d 903 (Fed. Cir. 1990) ..........cccsssserseesseeeees 7

Sademi Joint Venture, ASBCA No. 41025 (June 4,

BODE) scevsssnieiscievorcicccntersessevcnsmnamcomnentapelnsae 5

Service Engineering Co., ASBCA No. 33787 (June

DB, TIED ccivcicecesonssesencssncsonsvinessesotecnemnvinsesannnrannts 5

Skelly and Loy v. United States, 685 F.2d 414 (Cl.

CE, RID ou citensesencsicpsacentonsctnseensssseaiomnpmvenmernaares 5

Solem v. Stumes, 465 U.S. 638 (1984) ..............000 17

ili

Table of Authorities Continued

Page

Union Boiler Works, Inc., ASBCA Nos. 41857,

41858, 41860 (June 27, 1991) wooo. eececcccceceeee. 4

United States v. Grumman Aerospace Corp., 927

F.2d 575 (Fed. Cir. 1991) oo....ececccccescocceceeess.. passim

United States v. W.H. Moseley Co., 730 F.2d 1472

i caseaneane, 6,7

W.H. Moseley Co. v. United States, 677 F.2d 850

cert. denied, 459 U.S. 836 (1982) oo....eececcccess. 6

William L. Crow Constr. Co., ASBCA Nos. 40998,

ES | eae 5

Zipes v. Trans World Airlines, Inc., 455 U.S. 385

i eos sas eresveameresecsice..,. 13,14

Statutes:

Do ccunenseseuenes 3

Contract Disputes Act of 1978,

er 2,8

a 9

Ee 9

| ee passim

I Ge os csnscessevsnscouséckadeaccoseserss. 6,10,15

MID ic cccscnvevencosceoseoesecesacoe.eees,., 10,14

RN TMD oo cinecnscsenresocersseescosseoscossesessess,. 6

io cs canccponsveosiorscosueeoseesce, 10

8 11,14

Regulations:

Federal Acquisition Regulation Subpart 33.207(c\2),

RS, BCR coccccccsecseassenseoose.,.,..... passim

iv

Table of Authorities Continued

Legislative Materials:

Contract Disputes Act of 1978, Pub. L. No. 95-563,

92 Stat. 2383

(codified at 41 U.S.C. §§ IED sic coseciicdiccasese

§ 2(4), 92 Stat. 2383 .......cercerresereerserseseereeeees

§ G(cK1), 92 Stat. 2385 .......cecceeeeereerreeeererees

Federal Courts Improvements Act of 1982, Pub. L.

No. 97-164 92 Stat. 25 .........ccccccceeeeeeeeeeeeeeeenes

H.R. Rep. No. 1556, 95th Cong., 2d Sess. (1978) .

S. Rep. No. 1118, 95th Cong., 2d Sess., reprinted

in 1978 U.S. Code Cong. & Admin. News

«sien dacaesunambibteibessssanenmeeniesuevasnshaguvnss

124 Cong. Rec. 31,641-46 (1978) .....-.:-csseseereeeseeees

124 Cong. Rec. 36,261-68 (1978) .....-..sssseeseeeseeees

124 Cong. Rec. 37,074-76 (1978) ......sssseessreseeerees

9

IN THE

Supreme Court of the Anited States

OCTOBER TERM, 1990

No. 90-1800

GRUMMAN AEROSPACE CORPORATION,

Petitioner,

v.

UNITED STATES OF AMERICA,

Respondent.

On Petition for a Writ of Certiorari to

the United States Court of Appeals

for the Federal Circuit

THE FEDERAL CIRCUIT BAR ASSOCIATION

BRIEF AMICUS CURIAE IN SUPPORT OF

PETITIONER, GRUMMAN AEROSPACE CORPORATION

The Federal Circuit Bar Association, with the con-

sent of all parties, submits this brief amicus curiae

pursuant to Rule 37.2 of the Rules of this Court in

support of the petition for a writ of certiorari filed

by Grumman Aerospace Corporation.

THE AMICUS AND ITS INTERESTS

The Federal Circuit Bar Association is a national

organization with over 1,700 members. Its primary

purpose is to improve and facilitate the administration

of justice in the United States Court of Appeals for

the Federal Circuit.

Members of The Federal Circuit Bar Association

are directly affected by United States v. Grumman

Aerospace Corp., 927 F.2d 575 (Fed. Cir. 1991). The

decision has generated enormous confusion regarding

fundamental issues of the jurisdiction of the Court of

Appeals for the Federal Circuit, the United States

Claims Court and the agency Boards of Contract

Appeals to hear and decide disputes pursuant to the

Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613.

The decision will serve only to increase the time and

expense of litigation without any offsetting benefit to

the administration of justice.

The Grumman panel has held that Federal Acqui-

sition Regulation (FAR) 33.207(c\2), 48 C.F.R. Ch. 1

(1990), a procurement regulation that purports to de-

scribe the persons who may properly certify non-in-

dividual contractor claims, is a reasonable explication

of the certification requirements of section 6(c\1) of

the Contract Disputes Act of 1978, Pub. L. No. 95-

563, 92 Stat. 2383, 2385 (codified at 41 U.S.C.

§ 605(c\1)) (the “‘Act’’). The Grumman panel viewed

the certification requirements of the Contract Dis-

putes Act as incomplete, and FAR 33.207(c\2) as fill-

ing the legislative gap. Grumman, 927 F.2d at 578-

79. In so holding, the Grumman panel disregarded

the plain meaning of the Contract Disputes Act and

the express intent of Congress in enacting that stat-

ute.

The Grumman decision has had a devastating im-

pact on pending cases. The Armed Services Board of

Contract Appeals has swa sponte directed parties to

review the certifications in more than one hundred

cases. Numerous motions to dismiss based on Grum-

man are being filed before agency boards, the Claims

Court, and in the United States Court of Appeals for

the Federal Circuit. Many of these claims and cases

have already been pending for many years. Indeed,

in some cases, the jurisdiction of the forum is being

challenged for the first time after trial. Government

contractors and the Bar cannot be sure whether claim

certifications submitted months, or even years ago,

will be considered proper, or will be challenged on

jurisdictional grounds.

The Grumman panel refused to revisit its earlier

decisions holding that certification was jurisdictional.

For the past nine years, those decisions have created

chaos over the effect to be given a failure to comply

with the technical certification requirements imposed

by the courts or by regulation. These requirements

are not imposed by the Act. Instead, for the most

part, they have been judicially legislated. These re-

quirements have been a colossal waste of judicial re-

sources and a major frustration of the Contract

Disputes Act.

While the court has allowed the recertification and

resubmission of defective claims, the result does not

eliminate the enormous waste of resources and ex-

pense in litigating issues unrelated to the merits of

the claims. Moreover, the eighteen-month statute of

limitations for the filing of claims on shipbuilding con-

tracts (10 U.S.C. § 2405) has recently been raised as

a possible bar to resubmission. If upheld, the result

would be that millions of dollars in valid claims could

be voided because of ambiguous technicalities.

The Federal Circuit Bar Association and its mem-

bers have a direct and substantial interest in the is-

EN hai ii dct wie oes a

sues presented to this Court by Grumman Aerospace

Corporation’s petition, and in urging this Court to

review and reverse the decision of the court below.

REASONS FOR GRANTING THE WRIT

The Court of Claims and Federal Circuit decisions

holding that the certification requirement in the Con-

tracts Disputes Act is jurisdictional have spawned

hundreds upon hundreds of useless decisions and will

continue to waste judicial resources and frustrate the

purposes of the Act until those cases are overruled.

The Federal Acquisition Regulation applied by the

court to limit the contractor representatives qualified

to certify for the contractor is contrary to the plain

terms and purpose of the Act and is invalid.

I. The Court of Claims’ and Federal Circuit’s Decisions

That Certification of Claims Is Jurisdictional Hinder the

Administration of Justice.

No issue arising under the Contract Disputes Act

has generated as much litigation as the technicalities

of claim certification. As identified in the attached

Appendix, the validity of the contractor certification

has been litigated in approximately one hundred cases

before the Federal Circuit, the Court of Claims, and

the Claims Court. The countless decisions of the

agency Boards of Contract Appeals far exceed this

number but are illustrated by the fact that in the

single month of June 1991, the Armed Services Board

of Contract Appeals issued nine published decisions

addressing the adequacy of claims certification.'

"1 Union Boiler Works, Inc., ASBCA Nos. 41857, 41858, 41860

(June 27, 1991); Newport News Shipbuilding and Dry Dock Co.,

ASBCA No. 33244 (June 26, 1991); Harbert Int’l, Inc., ASBCA

oO

These hundreds of cases discuss in detail the tech-

nicalities of the precise words necessary for the cert-

ification, who can sign the certification, whether a

change in the amount of the claim requires a new

certification, whether the claim is a contractor claim

or a claim by the Government against the contractor

for which a certification is unnecessary, and when the

certification is required to be submitted.? This body

of decisional law evinces an enormous but pointless

investment of the resources of the courts, the Boards

of Contract Appeals and the parties. These decisions a

contradict the fundamental purpose of the Contract

Disputes Act, which is to provide fair and expeditious

resolution of government contract disputes.

This waste of resources accomplishes nothing. The

only result is to delay the fair consideration of the

contractors ¢laim. As the Court of Claims held in

Skelly and Loy v. United States, 685 F.2d 414, 419

(Ct. Cl. 1982) and as the Federal Circuit repeated in

Nos. 41144, 41571 (June 25, 1991); William L. Crow Constr.

Co., ASBCA Nos. 40998, 41508 (June 14, 1991); Lake Shore,

Inc., ASBCA No. 42578 (June 11, 1991); JAYCOR, ASBCA No.

40911 (June 10, 1991); Allied Painting & Decorating Co., ASBCA

No. 42496 (June 10, 1991); Sademi Joint Venture, ASBCA No.

41025 (June 4, 1991); Service Engineering Co., ASBCA No. 33787

(June 3, 1991).

*The Appendix indicates the certification issue presented in

each of the listed cases. The Appendix also sets forth the date

that the claim at issue was submitted to the Contracting Officer

for decision and the date the court or Board issued its decision

addressing the validity of the certification. Typically several years

elapsed between these dates. In those cases in which the claim

was dismissed because the certification was deemed inadequate,

all of these years of effort were lost since the contractor is

required to begin the process anew with a refiled and recertified

claim.

a ahi a i

Grumman, 927 F.2d at 581, the ‘‘proper course’ for

a contractor whose claim is dismissed for lack of a

valid certification is to “‘(1) properly certify the claim;

(2) resubmit the claim to the contracting officer; and

(3) if there is then an adverse contracting officer’s

decision, appeal either to the board (section 606) or

directly to this court (section 609).”’

The absurdity and unfairness of this result is ap-

parent in cases such as United States v. W.H. Moseley

Co., 730 F.2d 1472 (Fed. Cir. 1984). In Moseley, the

contractor submitted a claim for over $1,000,000 in

1979. The following year the contracting officer is-

sued her final decision denying the claim and advised

the contractor in writing of its right to appeal the

decision either under the disputes clause of the con-

tract, or under the Contract Disputes Act. Pursuant

to the transition rules then in effect, the contractor

elected to proceed to the Court of Claims under the

Act. Notwithstanding thé contracting officer’s instruc-

tions to the company, the Government moved to dis-

miss the appeal on the grounds that the contractor

had failed to certify the claim and consequently could

not appeal under the Act. The court granted the Gov-

ernment’s motion in W.H. Moseley Co. v. United

States, 677 F.2d 850, cert. denied, 459 U.S. 836 (1982).

The contractor then certified and refiled its claim,

but the contracting officer refused to accept it, ar-

guing that her prior decision was valid. Pursuant to

the Act, the contractor obtained an order from the

Department of Agriculture Board of Contract Appeals

directing the contracting officer to issue a new final

decision, but the Government appealed that decision

to the Federal Circuit. The Federal Circuit dismissed

the appeal as interlocutory, leaving the jurisdictional

issue undecided until after the Board decided the mer-

its. 730 F.2d at 1475-76. Thus, five years after the

claim was filed, the contractor was allowed for the

first time to present the merits of its case, but with

the threat that on appeal, jurisdiction might once

again be found lacking. The Federal Circuit imposed

this senseless result notwithstanding its regret that

‘some contractors ... have become entangled in a

procedural maze created by uncertainties regarding

the proper application of the Act’s provisions.’’ 730

F.2d at 1476.

Even when the contractor prevails, the litigation of

certification issues results in substantial delays and

expense, and wastes the resources of the courts. For

example, in Placeway Construction Corp. v. United

States, 920 F.2d 903 (Fed. Cir. 1990), the contractor

filed a claim in 1986. In 1987, suit was filed in the

Claims Court, but the case was dismissed on certi-

fication grounds. In 1990, the Federal Circuit re-

versed the Claims Court’s dismissal and remanded the

case for proceedings on the merits. After four years

and three published decisions, the parties finally

turned to the merits of the dispute.

The Claims Court’s and Federal Circuit’s decisions

on certification produce a result that is contrary to

the express purpose of the Act. The repercussions of

these decisions were well summarized by Chief Judge

Smith of the Claims Court as he reluctantly dismissed

the contractor’s suit in Clark Mechanical Contractors-

v. United States, 12 Cl. Ct. 415 (1987). Judge Smith

concluded by stating:

The plaintiff in this case is not barred by the

statute of limitations from refiling, but is

being required to waste judicial resources as

~—well as its own and the government’s re-

sources. The plaintiff must refile the identical

claim with the contracting officer; the only

difference being that the claim will now be

certified before filing rather than after. Upon

receipt of a final decision, the plaintiff can

either refile with this court or appeal to the

Board of Contract Appeals.

12 Cl. Ct. at 417 (emphasis added).

These decisions are contrary to the fair adminis-

tration of justice and warrant review by this Court.

The petition for writ of certiorari should be granted

and the decision of the Federal Circuit reversed.

II. The Jurisdictions of the United States Claims Court

and the Boards of Contract Appeals Are Not Dependant

Upon the Certification of the Underlying Claim.

The-linchpin of the Federal Circuit’s decision below

was its reaffirmation that the absence of certification

of a claim pursuant to Section 6(c\1) of the Contract

Disputes Act deprives a Board of Contract Appeals

or the Claims Court of jurisdiction to hear a contract

dispute. This holding is erroneous. The Contract Dis-

putes Act of 1978 grants jurisdiction to the Boards

and the Claims Court to hear appeals of any final

decision of a contracting officer. This grant of juris-

diction is unconditional; certification of the underlying

claim is unrelated to the authority of these forums

to resolve contract disputes.

The Contract Disputes Act of 1978, 41 U.S.C.

§§ 601-613, was enacted in order to provide a “‘fair,

3 Public Law 95-563, 92 Stat. 2383.

balanced, and comprehensive statutory system of legal

and administrative remedies in resolving Government

contract claims.”* The Act was based on the rec-

ommendations of the Commission on Government

Procurement, established pursuant to Pub. Law 91-

129. Senate Report at 4; House Report at 5-6.

The disputes resolution process embodied in the Act

is intended, in the first instance, to encourage the

parties to resolve controversies through negotiation.

Failing that, however, the Act grants the Govern-

ment’s contracting officer the right to unilaterally de-

cide the dispute by issuing a “‘final decision.”’ Section

6(a) of the Act, 41 U.S.C. § 605(a), provides that all

claims by the contractor against the Government, or

by the Government against the contractor, shall be

the subject of a final decision. That decision is final

and conclusive unless appealed by the contractor. 41

U.S.C. § 605(b).

A cornerstone of the Contract Disputes Act was

Congress’ decision to permit the contractor to appeal

any adverse final decision to either the agency’s Board

of Contract Appeals, or to the United States Court

of Claims.’ To this end, the Act granted, without

4S. Rep. No. 95-1118, Contract Disputes Act of 1978, 95th

Cong., 2d Sess., 1 (1978\hereafter ‘‘Senate Report’’). See also

H.R. Rep. No. 95-1556, Contract Disputes Act of 1978, 95th

Cong., 2d. Sess. 5-6 (1978\hereafter “‘House Report’’).

5 In 1982, the Federal Courts Improvements Act, Pub. Law.

97-164, 96 Stat. 25, was enacted. That statute created the United

States Claims Court and transferred the contract jurisdiction of

the Court of Claims to that new court. The statute also created

the Court of Appeals for the Federal Circuit and provided for

the appeal of the decisions of the Claims Court or of the Boards

of Contract Appeals to that Circuit.

10

condition or qualification, jurisdiction to both the

Claims Court and Boards of Contract Appeals to de-

cide appeals of final decisions. With respect to the

Boards of Contract Appeals, § 7 of the Act, 41 U.S.C.

§ 606, provides that the contractor may appeal to any

agency Board of Contract Appeals within ninety days

of receipt of the final decision. Section 8(d) of the

Act, 41 U.S.C. § 607(d), grants jurisdiction to the

Boards to decide these appeals, stating:

Each agency Board shall have jurisdiction to

decide any appeal from a decision of a con-

tracting officer (1) relative to a contract made

by its agency, and (2) relative to a contract

made by any other agency when such agency

or the Administrator has designated the

agency board to decide the appeal. In exer-

cising this jurisdiction, the agency board is

authorized to grant any relief that would be

available to a litigant asserting a contract

claim in the Claims Court.

With respect to the Claims Court, § 10(aX1) of the

Act provides that:

[I]n lieu of appealing the decision of the con-

tracting officer under section 6 to an agency

board, a contractor may bring action directly

on the claim in the United States Claims

Court, notwithstanding any contract provi-

sion, regulation, or rule of law to the con-

trary.

Section 14(i) of the Act amended the Tucker Act, 28

U.S.C. § 1491, to grant the Claims Court jurisdiction

to decide any such appeal. The Tucker Act now pro-

vides:

11

The Claims Court shall have jurisdiction to

render judgement upon any claim by or

against, or dispute with, a contractor arising

under section 10(aX1) of the Contract Dis-

putes Act of 1978.

28 U.S.C. § 1491(a)2).

Despite the unequivocal language of these jurisdic-

tional provisions, the Court of Claims held in Paul

E. Lehman, Inc. v. United States, 673 F.2d 352, 355

(Ct. Cl. 1982) that a contractor could not appeal a

contracting officer’s decision to the court be-

cause, ‘‘[uJnless [the certification] requirement is met,

there simply is no claim that this court may review

under the Act.’”’ The Court of Appeals for the Federal

Circuit has restated in numerous cases, including

Grumman, that certification is a jurisdictional pre-

requisite for court review.

The Lehman decision and its progeny ignore the

recommendations of the Commission on Government

Procurement and the system structured by the Com-

mission and by Congress after lengthy hearings and

deliberations. These decisions rest on the fallacy that

certification “‘is an important part of the new pro-

cedures Congress provided in the Act for the handling

of claims by government contractors.’ Lehman, 673

F.2d at 354.

To the contrary, the history of the Contract Dis-

putes Act reflects that claims certification was a mi-

nor afterthought based on the testimony of one

disgruntled witness. Based on the Commission’s rec-

ommendations, the Act provided a comprehensive set

of procedures and remedies. In separate sections, the

Act specifies each of the steps to be followed for

12

submitting a claim to the Contracting Officer, for

appealing directly to court, or for appealing to an

agency board of contract appeals and appealing there-

from to court.

The requirement for certification of claims, how-

ever, was not among the recommendations of the

Commission, was not in the bills as reported by the

House and Senate Judiciary Committees, and was not

in the bill as originally passed by the House (H.R.

11002). 124 Cong. Rec. 31,641-46 (1978). Instead, the

certification provision was included as one small part

of a package of floor amendments passed by the Sen-

ate two days before Congress adjourned. 124 Cong.

Rec. 36,266 (1978). No mention was made of the cert-

ification provision in the explanation provided with

the amendments. Jd. at 36,266-67.° The House acceded

to the Senate’s version of the bill because the short

time remaining in the legislative session left no time

for a conference. See 124 Cong. Rec. 37,076 (1978)

(remarks of Rep. Kindness). In accepting these

amendments, the certification requirement was again

ignored. Rather than addressing this supposedly ‘‘im-

portant’”” amendment, Congressman Danielson sum-

* The Court of Claims in Lehman mistakenly stated that the

sponsor of the amendments, Senator Byrd, explained the amend-

ments to section 6(c) as intended to address the concerns of

Admiral Rickover. Lehman, 673 F.2d at 354-55. In fact, the

passage from Senator Byrd’s statement on which the Court re-

lied referred to the deletion of Section 6 as reported by the

Judiciary Committee. That section addressed informal adminis-

trative conferences (124 Cong. Rec. 36,267); section 6 as enacted

was based on section of the reported bill. 124 Cong. Rec. 36,266.

In fact, Senator Byrd in his Explanation of Amendments never

referred to the addition of the certification requirement. 124

Cong. Rec. 36,266-67.

13

marized the package of Senate amendments with the

single statement: ‘“[T]he Senate amendment to this

bill simply reinstates existing iaw on the burden of

proof on an appeal from a contract dispute.” Jd.

This history belies the prominence which the Fed-

eral Circuit has accorded certification. Despite the

apparent insignificance of this provision to Congress,

the court below has elevated claims certification to

be the keystone of the disputes process. The court’s

treatment of certification as a jurisdictional prereq-

uisite is a flagrant example of judicial legislation.

The Federal Circuit’s holding that claims certifi-

cation is jurisdictional is akin to the decision reversed

by this Court in Zipes v. Trans World Airlines, Inc.,

455 U.S. 385 (1982). In Zipes, the Seventh Circuit

held that the timely filing of a charge of sex discrim-

ination with the Equal Employment Opportunity Com-

mission (‘““EEOC’’) was a jurisdictional prerequisite to

a suit in federal court under Title VII of the Civil

Rights Act of 1964, 78 Stat. 253, as amended, 42

U.S.C. §§ 2000e-5(g). This Court reversed, holding that

filing with the EEOC is not jurisdictional, but is ‘“‘a

requirement that, like a statute of limitations, is sub-

ject to waiver, estoppel, and equitable tolling.”’ 455

U.S. at 393. In reaching this conclusion, this Court

explained:

The provision granting district courts juris-

diction . . . does not limit jurisdiction to those

cases in which there has been a timely filing

with the EEOC. It contains no reference to

the timely-filing requirement. The provision

specifying the time for filing charges with

the EEOC appears as an entirely separate

14

provision, and it does not speak in jurisdic-

tional terms or refer in any way to the ju-

risdiction of the district courts.

455 U.S. at 394 (footnotes omitted).

Likewise here, the provisions of the Contract Dis-

putes Act granting jurisdiction to the Boards of Con-

tract Appeals and Claims Court to decide appeals of

contracting officers’ final decisions—41 U.S.C. § 607(d)

and 28 U.S.C. § 1491(aX2) respectively—do not limit

jurisdiction to those cases in which there has been a

proper certification of the claim, or contain any ref-

erence to the certification requirement. Like the ti-

mely filing provisions in Title VII, the certification

requirement appears as an entirely separate provision

that neither speaks in jurisdictional terms, nor refers

in any way to the jurisdiction of the Claims Court or

the Boards. Section 6(cX1) of the Contracts Disputes

Act, 41 U.S.C. § 605(cX1), simply provides:

For claims of more than $50,000, the contractor

shall certify that the claim is made in good faith,

that the supporting data are accurate and com-

plete to the best of his knowledge and belief, and

that the amount requested accurately reflects the

contract adjustment for which the contractor be-

lieves the government is liable.

The sole jurisdictional predicate for an appeal under

the Contract Disputes Act is a final decision of a

contracting officer. Here, Grumman’s claim was de-

nied by the Department of the Navy’s Corporate Ad-

ministrative Contracting Officer on March 4, 1987.

Grumman, 927 F.2d at 577. Grumman appealed that

decision to the Armed Services Board of Contract

Appeals on April 1, 1987—well within the ninety day

15

period for appeal specified in § 7 of the Act, 41 U.S.C.

§ 606. Nothing more was necessary to establish the

jurisdiction of the Board to decide the dispute, and

it decided in favor of Grumman. The Federal Circuit

erred in dismissing Grumman’s claim for lack of ju-

risdiction. This Court should accept certiorari and

should reverse that court’s decision.

III. FAR 33.207(c)(2) Is Invalid Because It Conflicts with

the Plain Language and Express Purpose of the Stat-

ute It Purports To Interpret.

Section 6(cX1) of the Contract Disputes Act pro-

vides that “the contractor shall certify’’ the claim.

Section 2(4) of the Act defines ‘‘contractor’’ simply

as ‘‘a party to a Government contract other than the

Government.”’ The Act properly leaves to the con-

tractor the choice of who can execute the certifica-

tion, the only question being whether the person is

authorized to act on behalf of the contractor. Under

the plain terms of the statute, any contractor rep-

resentative authorized to bind the contractor can cer-

tify.

Despite the seemingly unambiguous language of the

statute, FAR 33.207(c\2) purports to limit the range

of persons authorized to execute certifications to:

(i) A senior company official in charge at the con-

tractor’s plant or location involved; or

(ii) An officer or general partner of the contrac-

tor having overall responsibility for the con-

duct of the contractor’s affairs.

This regulatory requirement is more than a tech-

nicality. Given the Federal Circuit’s decisions that a

proper certification is jurisdictional, upholding this

regulation cedes to the administrative agencies the

16

power to restrict the jurisdiction of the courts, and

to limit the rights of contractors to appeal adverse

final decisions that was granted to them by Congress.

The only limitations on this agency power would be

that the limitations be ‘“‘reasonable.”’ Certainly, no

administrative agency can limit the appealability of

its own decisions in the face of a statutory right of

appeal, yet that is the effect of FAR 33.207(c\2). On

its face, the regulation conflicts with the Contract

Disputes Act and should be disregarded.

Moreover, this regulation is so ambiguous that even

experts in government procurement law are unable

to advise their clients who the proper person is to

sign, or provide assurance that any particular certi-

fication will withstand a challenge by the Government.

The dozens of published decisions addressing who can

sign a certification attest to the difficulties of apply-

ing the regulatory language in practice.

The Grumman majority justified the regulation as

a “permissible act of administrative gap-filling.’’ 927

F.2d at 578. As the dissent makes clear, however,

such gap-filling is permissible only when a statute is

ambiguous or silent on a particular point, and then

only when the Executive branch gap-filling accords

with legislative history. Grumman, 927 F.2d at 582.

A Congressional purpose underlying the comprehen-

sive disputes resolution system enacted with the Con-

tract Disputes Act was to eliminate Executive branch

manipulation of the disputes resolution process. Sen-

ate Report at 2. FAR 33.207(cX2) conflicts with this

purpose.

FAR 33.207(cX2) conflicts with the plain language

of the very statute it purports to implement. When

confronted with an attempt to modify the plain mean-

17

ing of a statute through the use of a single example

from its legislative history, Chief Judge Marvin Jones

of the former United States Court of Claims appro-

priately stated: ‘‘[aJn explanatory tale should not wag

a statutory dog.’’ A. P. Green Export Company v.

United States, 284 F.2d 383, 386 (Ct. Cl. 1960). This

colorful language aptly characterizes the narrow lim-

itation in FAR 33.207(cX2) of the otherwise unam-

biguous term ‘‘contractor.”’

IV. A Decision Overruling Lehman Could Be Limited To

Prospective Application.

A decision overruling the Grumman and Lehman

decisions could be limited to prospective application

so as to avoid disturbing decided cases. This Court

and the Courts of Appeal have often declined to ret-

roactively apply decisions that overrule clear past

precedent. See Solem v. Stumes, 465 U.S. 638, 646-

- 47 (1984) (an announcement of a new standard “‘is

almost automatically nonretroactive’’ where the de-

cision “has explicitly overruled past precedent’). “or

example, in Northern Pipeline Construction Co. v.

Marathon Pipe Line Co., 458 U.S. 50, 87-88 (1982),

this Court he!d that the broad grant of jurisdiction

to the bankruptcy courts in 28 U.S.C § 1471 was un-

constitutional, but declined to make that ruling ret-

roactive in part because “retroactive application ...

would surely visit substantial injustice and hardship

upon those litigants who relied upon the Act’s vesting

of jurisdiction in the bankruptcy courts.” See also id.

at 92 (Rehnquist, J., concurring).

Similarly, in Allen v. Hardy, 478 U.S. 255, 260

(1986) (per curiam), this Court declined to apply Bat-

son v. Kentucky, 476 U.S. 79 (1986) retroactively to

proceedings that were final when Batson was an-

18

nounced. It found that retroactive application “would

seriously disrupt the administration of justice,’’ be-

cause of the need to hold hearings after the prior

proceedings had become final in order to determine

if they had been held in accordance with the rule

established for the first time in Batson. Cf. Buckley

v. Valeo, 424 U.S. 1, 142-43 (1976) (actions of FEC

prior to Court decision accorded de facto validity, de-

spite holding that method of FEC selection was un-

constitutional); Boeing Co. v. United States, 680 F.2d

132, 141 (Cv. Cl. 1982), cert. denied, 460 U.S. 1081

(1983). Similarly, this Court can determine that cert-

ification of claims is not jurisdictional without dis-

turbing cases previously decided.

CONCLUSION

For the reasons set forth in the dissent in Grum-

man, 927 F.2d at 581-84, and all of the foregoing

reasons, the petition for a writ of certiorari should

be granted.

Respectfully submitted,

CLARENCE T. KIpps, JR.

OF COUNSEL: (Counsel of Record)

MILLER & CHEVALIER,

Cyrus E. PHILLIPs, IV CHARTERED

McGutIRE, Woops, BATTLE Metropolitan Square

& BOOTHE Suite 900

Suite 1000 655 Fifteenth Street, N.W.

1627 Eye Street, N.W. Washington, D.C. 20005-5701

Washington, D.C. 20006 (202) 626-5800

Attorneys for Amicus Curiae,

The Federal Circuit Bar Association

July 29, 1991

APPENDIX

pA ARS Ai sR AGRE INE in

la

APPENDIX

Decisions of the Court of Appeals for the Federal Circuit,

Court of Claims and Claims Court on Certification of

Claims

Claim

Case Name Date

Decisions in

Which Claim

Was Dismissed

for Lack of

Proper

Certification

W.M. Schlosser

Co., Inc. v.

United States, 705

F.2d 1136 (Fed.

Cir. 1983)

Thoen v. United

States, 5 Cl. Ct.

823 (1984),

vacated, 765 F.2d

1110 (Fed. Cir.

1985)

Sante Fe Eng’rs,

Inc. v. United

States, 818 F.2d

856 (Fed. Cir.

1987)

Ball, Ball &

Brosamer, Inc. v.

United States, 878

F.2d 1426 (Fed.

Cir. 1989)

02/80

06/23/83

03/11/81

11/30/84

Decision

Date

(4/22/83

06/25/85

05/13/87

07/07/89

Issue

No certification.

No certification.

Change in

nature of claim.

Who can sign

certification?

Claim

Case Name Date

Placeway Constr. 05/28/86

Corp. v. United

States, 18 Cl. Ct.

159 (1989), affd

in part and

vacated in part,

910 F.2d 835,

reh’g granted in

part, 920 F.2d

903 (Fed. Cir.

1990)

United States v.

Grumman

Aerospace Corp.,

918 F.2d 185, 927

F.2d 575 (Fed.

Cir. 1991)

Paul E. Lehman,

Inc. v. United

States, 673 F.2d

352 (Ct. Cl. 1982)

W.H. Moseley Co.

v. United States,

677 F.2d 850 (Ct.

Cl. 1982), 730

F.2d 1472 (Fed.

Cir. 1984)

01/07/87

12/79

06/15/79

Tri-Central, Inc.

v. United States,

230 Ct. Cl. 842

(1982)

2a

01/80 est.

Decision

Date

11/14/$9

02/27/91

02/24/82

03/26/84

03/23/82

Issue

Change in

amount of

claim.

Who can sign

certification?

No certification.

Form of

certification.

No certification.

Case Name

Arlington

Alliance, Ltd. v. -

United States, 685

F.2d 1353 (Ct. Cl.

1982)

Skelly and Loy v.

United States, 685

F.2d 414 (Ct. Cl.

1982)

Troup Bros. Inc.

v. United States,

231 Ct. Cl. 370

(1982)

Grad Partnership

v. United States,

1 Cl. Ct. 616

(1982)

Fidelity and

Deposit Co. of

Md. v. United

States, 2 Cl. Ct.

137 (1983)

A.B.M. Precision

Metal Works,

Inc., v. United

States, 2 Cl. Ct.

332 (1983)

Warchol Constr.

Co., Ince. v.

United States, 2

Cl. Ct. 384 (1983)

3a

Claim

Date

09/21/81

12/11/80

1980 est.

04/06/81

09/18/80

07/82

09/25/80

Decision

Date

08/11/82

08/11/82

06/08/82

11/22/82

03/23/83

04/26/83

04/21/83

Issue

No certification.

Form of

certification.

Timing of

certification.

No certification.

No certification.

No certification.

No certification.

ciate aetna

Claim

Case Name Date

Conoc Constr. 01/05/82

Corp. v. United

States, 3 Cl. Ct.

146 (1983)

Walsky Constr. 09/28/81

Co. v. United

States, 3 Cl. Ct.

615 (1983)

Alchemy, Inc. v.- 02/17/83

United States, 3

Cl. Ct. 727 (1983)

Palmer & Sicard, 03/27/81

Inc. v. United

States, 4 Cl. Ct.

420 (1984)

Black Star Sec., 11/18/81

Inc. v. United

States, 5 Cl. Ct.

110 (1984)

Parking Co. of 05/12/82

America v. United

States, 5 Cl. Ct.

139 (1984)

Cosmic Constr. 11/03/81

Co. v. United

States, 5 Cl. Ct.

237 (1984)

T.J.D. Servs., Inc. 08/05/81

v. United States,

6 Cl. Ct. 257

(1984)

4a

Decision

Date

07/29/83

10/20/83

11/16/83

02/06/84

04/06/84

05/08/84

05/21/84

09/11/84

Issue

No certification.

No certification.

Timing of

certification.

Form of

certification.

No certification.

No certification.

No certification.

Form of

certification.

Claim

Date

07/29/83

Case Name

Pinkston v.

United States, 6

Cl. Ct. 263 (1984)

Halec Constr. Co.,

Inc. v. United

States, 6 Cl. Ct.

439 (1984)

LDG Timber

Enterprises, Inc.

v. Umted States,

8 Cl. Ct. 445

(1985)

Gunn-Williams v.

United States, 6

Cl. Ct. 820

(1984), 8 Cl. Ct.

531 (1985)

Beacon Oil Co. v.

United States, 8

Cl. Ct. 695 (1985)

Prefab Prods.,

Inc. v. United

States, 9 Cl. Ct.

786 (1986)

Fredenburg v.

United States, 10

Cl. Ct. 216 (1986)

Universal Sur.

Co. v. United

States, 10 Cl. Ct.

794 (1986)

01/26/81

11/04/83

03/30/82

12/17/85

03/01/85

03/23/84

5a

Decision

Date

09/14/84

10/19/84

07/03/85

07/17/85

09/18/85

05/09/86

07/14/86

09/18/86

Issue

No certification.

Change in

amount of

claim.

Change in

amount of

claim.

No certification.

No certification.

Timing of

certification.

Form of

certification.

No certification.

Case Name

Aeronet-es Div.,

AAR Brooks &

Perkins Corp. v.

United States, 12

Cl. Ct. 132 (1987)

H.H.O. Company

v. United States,

12 Cl. Ct. 147

(1987)

Romala Corp. v.

United States, 12

Cl. Ct. 411 (1987)

Clark Mechanical

Contractors v.

United States, 12

Cl. Ct. 415 (1987)

Donald M. Drake

Co., v. United

States, 12 Cl. Ct.

518 (1987)

_rtizens Assocs.,

Ltd. v. United

States, 12 Cl. Ct.

599 (1987)

Technassociates,

Inc. v. United

States, 14 Cl. Ct.

200 (1988)

Gardner Mach.

Corp. v. United

States, 14 Cl. Ct.

286 (1988)

Claim

Date

05/30/85

05/09/85

04/10/86

07/16/86

10/06/83

10/16/86

03/25/85

12/21/83

6a

Decision

Date

04/09/87

04/09/87

06/03/87

05/13/87

06/30/87

07/10/87

01/27/88

02/09/88

Issue

Form of

certification.

No certification.

Who can sign

certification?

Timing of

certification.

Who can sign

certification?

No certification.

Form of

certification.

Form of

certification.

Claim

Date

Frawley v. United 06/11/87

States, 14 Cl. Ct.

766 (1988)

Claude E. Atkins 12/18/86

Enterprises, Inc.

v. United States,

15 Cl. Ct. 644

(1988)

Al-Kurdi v. 12/10/87

United States, 16

Cl. Ct. 660 (1989)

Cecile Indus., Inc. 04/23/84

v. United States,

18 Cl. Ct. 730

(1989)

Spirit Leveling 12/14/84

Contractors v.

United States, 19

Cl. Ct. 84 (1989)

New Chardon 05/03/89

Street Ltd.

Partnership v.

United States, 19

Cl. Ct. 208 (1990)

Clean Giant, Inc. 12/21/87

v. United States,

19 Cl. Ct. 390

(1990)

SMS Data Prods. 04/20/87

Group, Inc. v.

United States, 17

Cl. Ct. 1 (1989)

Case Name

7a

Decision

Date

05/31/88

10/28/88

04/26/89

11/22/89

12/15/89

01/08/90

02/07/90

03/01/90

aa aia

Issue

No certification.

Timing of

certification.

No certification.

No certification.

Change in

nature of claim.

Form of

certification.

No certification.

Change in

amount of

claim.

Case Name

Al Johnson

Constr. Co. v.

United States, 19

Cl. Ct. 732 (1990)

SGW, Inc. v.

United States, 20

Cl. Ct. 174 (1990)

National Sur.

Corp. v. United

States, 20 Cl. Ct.

407 (1990)

American Nat.

Bank & Trust Co.

of Chicago v.

United States, 20

Cl. Ct. 530 (1990)

Westech Corp. v.

United States, 20

Cl. Ct. 745 (1990)

Lakeview Constr.

Co. v. United

States, 21 Cl. Ct.

269 (1990)

Century Constr.

Co. v. United

States, 22 Cl. Ct.

63 (1990)

Robin Industries,

Inc. v. United

States, 22 Cl. Ct.

448 (1991)

Claim

Date

09/02/86

01/22/88

07/31/86

02/24/89

06/22/84

07/17/87

04/30/86

01/26/89

8a

Decision

Date

02/21/90

04/19/90

05/15/90

05/30/90

07/02/90

08/23/90

11/20/90

01/28/91

Issue

Who can sign

certification?

No certification.

Who can sign

certification?

Form of

certification.

Who can sign

certification?

No certification.

Form of

certification.

Form of

certification.

Claim

Date

12/18/87

Case Name

AAI Corp. v.

United States, 22

Cl. Ct. 541 (1991)

KDH Corp. v.

United States, 23

Cl. Ct. 34 (1991)

Reliance Ins. Co. 04/08/86

v. United States,

23 Cl. Ct. 108

(1991)

Cupey Bajo

Nursing Home,

Inc. v. United

States, 1991

United States Cl.

Ct. Lexis 256

Decisions in

Which Interest

Was Forfeited

for Lack of

Proper

Certification

03/25/86

06/08/87

Fidelity Constr.

Co. v. United

States, 700 F.2d

1379 (Fed. Cir.

1983)

Essex Electro |

Engineers, Inc. v.

United States, 702

F.2d 998 (Fed.

Cir. 1983)

10/26/79

02/22/80

Decision

Date

02/22/91 Change in

nature of claim.

Issue

04/30/91 Form of

certification.

05/08/91 Who can sign

certification?

06/19/91 Form of

certification.

02/18/83 No certification.

03/11/83 No certification.

a

Case Name

ReCon Paving,

Inc. v. United

States, 745 F.2d

34 (Fed. Cir.

1984)

J.M.T. Mach. Co.,

Inc. v. United

States, 826 F.2d

1042 (Fed. Cir.

1987)

Black Leaf Prods.

Co. v. United

States, 4 Cl. Ct.

307 (1984)

Hoffman Constr.

Ce. v. United

States, 7 Cl. Ct.

518 (1985)

Weeks Dredging

& Contracting,

Inc. v. United

States, 13 Cl. Ct.

193 (1987), affd,

861 F.2d 728

(Fed. Cir. 1988)

Timberland

Paving and

Constr. Co. v.

United States, 18

Cl. Ct. 129 (1989)

Claim

Date

06/24/82

02/20/84

11/19/79

02/09/83

07/06/83

12/17/79

10a

Decision

Date

10/03/84

04/30/87

01/09/84

03/13/85

08/28/27

08/31/89

Issue

Form of

certification.

Untimely

certification.

No certification.

No certification.

Form of

certification.

No certification.

lla

Claim

Case Name Date

Decisions in

Which Contractor

Prevailed on

Government

Challenge to

Certification

United States v. 11/13/79

General Elec.

Corp., 727 F.2d

1567 (Fed. Cir.

1984)

Tecom, Inc. v.

United Stutes, 732

F.2d 935 (Fed.

Cir. 1984)

Cedar Lumber,

Inc. v. United

States, 799 F.2d

743 (Fed. Cir.

1986)

Contract Cleaning 10/15/76

Maintenance, Inc.

v. United States,

811 F.2d 586

(Fed. Cir. 1987)

Institut Pasteur

v. United States,

10 Cl. Ct. 304

(1986), rev’d, 814

F.2d 624 (Fed.

Cir. 1987)

12/09/80

02/09/84

10/04/84

Decision

Date

02/28/84

04/24/84

08/20/86

02/12/87

07/07/86

Issue

Form of

certification.

Change in

amount of

claim.

No certification.

Change in

amount of

claim. “=

No certification.

Case Name

United States v.

Turner Constr.

Co., 827 F.2d

1554 (Fed. Cir.

1987)

Glenn v. United

States, 13 Cl. Ct.

784 (1987),

vacated, 858 F.2d

1577 (Fea. Cir.

1988)

Dawco Constr.,

Inc. v. United

States, 18 Cl. Ct.

682 (1989), affd

in part and rev'd

in part, 930 F.2d

872 (Fed. Cir.

1991)

United States v.

Newport News

Shipbuilding and

Dry Dock Co.,

933 F.2d 996

(Fed. Cir. 1991)

Folk Constr. Co.,

Inc., 226 Ct. Cl.

602 (1981)

Paragon Energy

Corp. v. United

States, 645 F.2d

966 (Ct. Cl. 1981)

12a

Claim

Date

05/19/80

06/08/87

05/21/84

02/09/84

07/31/78

09/03/79

Decision

Date

09/03/87

10/13/88

04/03/91

5/20/91

01/16/91

04/08/81

Issue

Certification of

subcontractor’s

claim.

Change in

amount of

claim.

No certification.

Who can sign

certification?

No certification.

Form of claim.

13a

Claim Decision

Date Date

Brookfield Constr. 06/29/79 09/23/81 No certification.

Co., Inc. v.

United States, 661

F.2d 159 (Ct. Cl.

Case Name Issue

1981)

Metric Constr. 04/07/81 02/08/83 Form of

Co., Inc. v. certification.

United States, 1

Cl. Ct. 383 (1983)

Klochko Equip. 06/11/80 07/06/83 No certification.

Rental Co., Inc. v.

United States, 2

Cl. Ct. 733 (1983)

J. F. Shea Co., 06/23/80 11/30/83 Change in

Inc. v. United amount of

States, 4 Cl. Ct. claim.

46 (1983)

Curley, Inc. v. 02/18/82 09/25/84 Change in

United States, 6 amount of

Cl. Ct. 274 (1984) claim.

Transamerica Ins. 10/03/84 Who can sign

Co. v. United certification?

States, 6 Cl. Ct.

367 (1984)

Gregory Lumber 08/80 - 01/31/86 No certification.

Co. v. United 03/11/81

States, 9 Cl. Ct.

503, 11 Cl. Ct.

489 (1986)

Elgin Builders, 1979-1980 05/20/86 No certification.

Inc. v. United est.

States, 10 Cl. Ct.

40 (1986)

Case Name

Todd Bldg. Co. v.

United States, 13

Cl. Ct. 587 (1987)

El Centro v.

United States, 17

Cl. Ct. 794 (1989)

Embrey v. United

States, 17 Cl. Ct.

617 (1989)

Triax Co. v.

United States, 17

Cl. Ct. 653

(1989), vacated,

20 Cl. Ct. 507

(1990)

Cubic Corp. v.

United States, 20

Cl. Ct. 610 (1990)

Western Empire

Constructors, Inc.

v. United States,

20 Cl. Ct. 668

(1990)

Sun Cal, Ince. v.

United States, 21

Cl. Ct. 31 (1990)

Cox Constr. Co. v.

United States, 21

Cl. Ct. 98 (1990)

l4a

Claim

Date

11/21/85

02/85

07/22/87

04/01/85

03/28/86

10/05/83

03/01/85

01/21/88

Decision

Date

11/13/87

08/07/89

07/17/89

05/25/90

06/06/90

06/13/90

07/10/90

08/07/90

Issue

Form of

certification.

No certification.

Change in

amount of

claim.

Who can sign

certification?

Form of

certification.

Who can sign

certification?

Who can sign

certification?

Who can sign

certification?

15a

Claim Decision

Case Name Date Rete Issue

Little River 04/14/78 09/28/90 Who can sign

Lumber Co. v.~ certification?

United States, 21

Cl. Ct. 527 (1990)

Manning Elec. & 07/28/88 01/03/91 Who can sign

Repair Co., Inc. certification?

v. United States,

22 Cl. Ct. 240

(1991)

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Amicus Curiae Brief — Grumman Aerospace Corp. v. United States · 502 U.S. 919 | Frix