Here is the opinion in Arctic Slope Native Association v. Sebelius (Fed. Cir.).
Arctic Slope Native Association (“ASNA”) filed suit against the Secretary of Health and Human Services (“Secretary”) for breach of contract, alleging that the government failed to pay ASNA’s so-called contract support costs shortfall for fiscal years 1999 and 2000. The Secretary argued that the obligation to pay, under the contract and the statute, was subject to the availability of appropriations and that there were no available appropriations because Congress had provided that the appropriations available for the funding of contract support costs were “not to exceed” specified amounts. The Civilian Board of Contract Appeals (“the Board”) granted summary judgment for the Secretary. Arctic Slope Native Ass’n, Ltd. v. Dep’t of Health & Human Servs., CBCA 294-ISDA, et al., 09-2 BCA ¶ 34,281 (C.B.C.A. Oct. 1, 2009). We affirm.