Federal Circuit Reinstates Vendor’s Claims against BIA over Educational Services

Matthew L.M. Fletcher

Here is the opinion in Engage Learning, Inc. v. Salazar.

Here is an excerpt:

Engage Learning, Inc. (“Engage”) appeals from a decision of the Civilian Board of Contract Appeals (“the Board”) dismissing its appeal for lack of subject matter jurisdiction. The Board held that it did not have jurisdiction under the Contract Disputes Act of 1978 (“CDA”), 41 U.S.C. § 601 et seq., because Engage failed to establish that it had a contract with the government for the unpaid services. Engage Learning, Inc. v. Dep’t of the Interior, CBCA 1165 (June 15, 2010) (“Board Op.”). Because we conclude that the Board erred in dismissing the appeal on jurisdictional grounds, but could have dismissed in part for failure to state a claim upon which relief can be granted, we affirm in part, vacate in part, and remand.