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APPLIED COMPANIES v. HARVEY

No. 05-1511.

456 F.3d 1380 (2006)

APPLIED COMPANIES, Appellant, v. Francis J. HARVEY, Secretary of the Army, Appellee.

United States Court of Appeals, Federal Circuit.

July 14, 2006.

Attorney(s) appearing for the Case

Peter B. Jones, Jones & Donovan, of Newport Beach, California, argued for appellant.

James W. Poirier, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Donald E. Kinner, Assistant Director.

Before MICHEL, Chief Judge, NEWMAN and RADER, Circuit Judges.

MICHEL, Chief Judge.

Applied Companies ("Applied") appeals the decision of the Armed Services Board of Contract Appeals ("Board") denying the majority of its claim under the Value Engineering clause of its contract with the United States Army. Applied Co., ASBCA No. 50593, 04-2 BCA P32,786 (Nov. 2, 2004). Because the Board correctly concluded that Applied was not entitled to share in future savings on air conditioner ("AC") models not covered by Applied's contract...

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