United States Federal Circuit

The government is entitled to interest on overpayments to a contractor based on incorrect selection of similarly sized subscriber groups, because there is no legal distinction between "defective pricing" and "defective cost or pricing data" in applying Federal Acquisition Regulations section 52.215-23.

Appellate Information

• Decided 09/24/2001
• Published 09/25/2001

Judges

• RADER, Circuit Judge., Before NEWMAN, MICHEL, and RADER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Arthur N. Lerner,Crowell & Moring, LLP, of Washington, DC, argued for plaintiff-appellee., Franklin E. White, Jr., Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief were David M. Cohen, Director;  and Mark A. Melnick, Assistant Director.   Of counsel on the brief was Jill Gerstenfield, Attorney, Office of the General Counsel, Office of Personnel Management, of Washington, DC.