This morning, the Federal Circuit issued a nonprecedential opinion in a government contract case affirming a holding of the Civilian Board of Contract Appeals. Here is the introduction to the opinion.
Future Forest, LLC v. Secretary of Agriculture (Nonprecedential)
Future Forest, LLC appeals the decision of the Civilian Board of Contract Appeals granting summary judgment in favor of the U.S. Department of Agriculture. Future Forest and the Forest Service entered an indefinite-delivery, indefinite-quantity contract for thinning of the Apache-Sitgreaves National Forests in Arizona. The Board held that Future Forest’s claim for acreage amounts beyond the contractual minimum provided for in the contract based on the implied duty of good faith and fair dealing fails as a matter of law. For the reasons explained below, we affirm.