Cerberonics, Inc. v. United States

OPINION

FUTEY, Judge.

This government contract case comes before the court on defendant’s motion to dismiss for lack of jurisdiction. Plaintiff, who initiated this action under the direct access provision of the Contract Disputes Act of 1978, 41 U.S.C. § 609(a)(1) (1982), seeks monetary relief from the Government under the terms of a service contract with the Department of the Navy. Defendant asserts that this court lacks jurisdiction because the claim(s) at bar differ from the claim(s) previously presented to and decided by the contracting officer. For the reasons discussed hereinafter,…