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McHUGH v. DLT SOLUTIONS, INC.

No. 2009-1536.

618 F.3d 1375 (2010)

John McHUGH, Secretary of the Army, Appellant, v. DLT SOLUTIONS, INC., Appellee.

United States Court of Appeals, Federal Circuit.

September 23, 2010.

Attorney(s) appearing for the Case

Matthew H. Solomson , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellant. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, Brian M. Simkin , Assistant Director, and Meredyth Cohen Havasy , Attorney. Of counsel on the brief was Robert T. Wu , Trial Attorney, Contract and Fiscal Law Division, United States Department of the Army, of Arlington, VA.

David C. Aisenberg , Looney, Cohen, Reagan & Aisenberg LLP, of Boston, MA, argued for appellee.

Before LOURIE, FRIEDMAN, and MOORE, Circuit Judges.

LOURIE, Circuit Judge.

The Secretary of the Army appeals from the final decision of the Armed Services Board of Contract Appeals holding that the government breached a non-substitution clause of a delivery order awarded to DLT Solutions, Inc. ("DLT"). Appeals of DLT Solutions, Inc., ASBCA No. 54812, 09-1 BCA ¶ 34067 ("Board Opinion"). Because we determine that under a proper interpretation of the contract, the government did not replace the contracted...

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