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GSA CO Must Decide GSA Schedule Contract Disputes


In Sharp Electronics Corp. v. McHugh (Feb. 22, 2013), the Federal Circuit affirmed the dismissal of a GSA Schedule contractor's appeal for lack of jurisdiction because it had presented its claim to the ordering agency CO rather than the GSA Schedule CO. Because the dispute involved certain premature discontinuance fees provided for in the underlying Schedule contract and did not involve a performance-related dispute, the court held that the GSA CO was the one authorized by FAR 8.406-6 to decide the claim.

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Marc F. Efron
Retired Partner – Washington, D.C.