Burnside-Ott Aviation Training Center v. John H. Dalton, Secretary of the Navy

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding jurisdiction under the CDA over a challenge to an agency’s discretionary decision to give an award fee to a contractor
• allowing for reversal of the AFDO’s decision if “the discretion employed in making the decision is abused, for example, if the decision was arbitrary or capricious”
• finding no ambiguity in the contract and authority for the Navy AFDO to act unilaterally where there was no “part of the contract that require[d] the award fee to correspond directly with the performance rating”
• interpreting contract terms de novo in a CDA case to find that the Board of Contract Appeals may not reverse a contracting officer’s affirmance of a discretionary decision “unless the discretion employed in making the decision is abused”
• “the CDA trumps a contract provision inserted by the parties that purports to divest the Board of jurisdiction, unless the contract provision otherwise depriving jurisdiction is itself a matter of statute primacy”
• “the CDA trumps a contract provision inserted by the parties that purports to divest the Board of jurisdiction, unless the contract provision otherwise depriving jurisdiction is itself a matter of statute primacy”

Source: CourtListener parenthetical corpus (CC0).