United States Federal Circuit

Armed Services Board of Contract Appeals is reversed where the appeal is timely, and the Federal Acquisition Regulation 31.205-47(b) disallows recovery of a contractor's legal fees incurred in a proceeding in which an employee is convicted.

Appellate Information

• Decided 11/13/2003
• Published 11/13/2003

Judges

• DYK, Circuit Judge., Before MICHEL, LOURIE, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Domenique Kirchner, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellant.   With her on the brief were David M. Cohen, Director;  and Bryant G. Snee, Assistant Director.   Of counsel on the brief was Craig S. Clarke, Deputy Chief Trial Attorney, Contract Appeals Division, United States Army Legal Services Agency, of Arlington, Virginia.


• For Appellees:
  
• Craig A. Holman, Holland & Knight, LLP, of Washington, DC, argued for appellee.   With him on the brief was Richard O. Duvall, Holland & Knight, LLP, of McLean, Virginia.