1. Home
  2. |Insights
  3. |DOJ Has No Right to Challenge Board Decision Under Contractor’s Wunderlich Act Suit

DOJ Has No Right to Challenge Board Decision Under Contractor’s Wunderlich Act Suit

Client Alert | 1 min read | 07.27.15

Continuing the long-running saga that has already bounced between the ASBCA and the courts for twelve years concerning a non-appropriated fund contract under which SUFI installed telephones in Air Force lodgings at bases in Germany (and has been represented by C&M), the CFC in its latest decision in SUFI Network Servs., Inc. v. U.S. (July 21, 2015) held that the government has no independent right to use SUFI's earlier court challenge under the Wunderlich Act to complain of the decisions of the ASBCA on remand. The CFC dismissed the action with prejudice, with the stated "expectation" that DOJ will instruct the NAFI to pay SUFI the ASBCA's award of an additional $113 million, with interest as provided by agreement, but, if past is prologue, a more reasonable expectation may be that DOJ will appeal to the Federal Circuit.


Contacts

Insights

Client Alert | 3 min read | 10.10.25

New Post Appeals Mediation Pilot Program

On October 1, 2025, the IRS Independent Office of Appeals launched a two-year pilot program to make Post Appeals Mediation (PAM) more attractive and accessible to taxpayers. See IRS Announcement 2025-10. The new PAM pilot program offers taxpayers the opportunity to be assigned to a new Appeals team, which is otherwise unconnected to the underlying case, who will represent the original Appeals team in the mediation session. The assignment of the new Appeals team does not begin a new appeals process but rather is intended to help facilitate an expedited and impartial look at the underlying case with the goal of further exploring all potential paths to resolution prior to litigation....

View All Insights