This morning the Federal Circuit released a precedential opinion in a government contract case appealed from the Court of Federal Claims. In it, the Federal Circuit affirmed a determination that the Court of Federal Claims lacked jurisdiction over the case. The Federal Circuit also released a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and a link to the dismissal.

22nd Century Technologies, Inc. v. United States (Precedential)

22nd Century Technologies, Inc. (“22nd Century”) appeals a decision of the Court of Federal Claims (“Claims Court”) holding that the Claims Court lacked jurisdiction to review 22nd Century’s challenge to a size determination made by the U.S. Small Business Association (“SBA”) Office of Hearings and Appeals (“OHA”). Because OHA’s size determination was made in connection with the issuance of a task order, the Federal Acquisition Streamlining Act of 1994 (“FASA”), 10 U.S.C. § 3406(f), barred the Claims Court from exercising jurisdiction over 22nd Century’s bid protest. A claim based on improper contract termination would fall under the Contract Disputes Act (“CDA”), 41 U.S.C. §§ 7101–09, and 22nd Century failed to present its claim to the contracting officer as required by the CDA. We affirm.