DYK, Circuit Judge.
The Secretary of the Navy ("the Navy") appeals the decision of the Armed Services Board of Contract Appeals ("Board") in favor of All-State Construction ("All-State" or "the contractor"). All-State Constr., Inc., ASBCA No. 50,586, 02-1 B.C.A. (CCH) ¶ 31,794, at 157,019-21 (Feb. 21, 2002). This case presents the question of whether the Navy was entitled to withhold progress payments from All-State. The Navy offers two justifications...
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