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Declaratory Relief Available For NAFI Contractor At Board


In SUFI Network Services, Inc. (Apr. 22, 2004), the ASBCA held that, while it lacked Contract Disputes Act jurisdiction over the non-appropriated funds contract before it, it had jurisdiction to grant declaratory relief under its Charter if the circumstances warranted. The ASBCA then found that it made sense to exercise its declaratory jurisdiction in this case, because central questions of contract interpretation were involved, the contract had several years of performance remaining, and the Air Force actions might have a significant impact on the viability of the company.

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