This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and six nonprecedential orders. The precedential opinion addresses an appeal from a judgment of the Armed Services Board of Contract Appeals. The nonprecedential opinion addresses an appeal from a judgment of the Merit Systems Protection Board. One order transfers a case, and the others are dismissals. Here are the introductions to the opinions and transfer order and links to the dismissals.

Strategic Technology Institute, Inc. v. Secretary of Defense (Precedential Opinion)

Strategic Technology Institute, Inc. appeals an Armed Services Board of Contract Appeals’ decision denying Strategic Technology Institute, Inc.’s appeal and sustaining the Defense Contract Management Agency’s claim. Strategic Technology Institute, Inc. argues that the government’s claim is barred under the six-year statute of limitations under the Contract Disputes Act. Because we conclude that the government’s claim did not accrue until the government received an inadequate cost proposal from Strategic Technology Institute, Inc., we affirm.

Erb v. Department of the Treasury (Nonprecedential Opinion)

Dennis Erb was removed from his position in the Department of the Treasury (Treasury) for repeatedly falsifying information on his timecard and for failing to comply with instructions from his supervisor.  Mr. Erb appealed to the Merit Systems Protection Board (Board), and an administrative judge affirmed Treasury’s removal decision.  Erb v. Dep’t of Treasury, No. DC-0752-20-0468-I-1, 2021 WL 76034 (M.S.P.B. Jan. 6, 2021), J.A. 1–37.  This initial decision of the administrative judge became the final decision of the Board.  Because substantial evidence supports the Board’s determination that Mr. Erb repeatedly falsified information on his timecard and because we sustain the Board’s affirmance of both the overall falsification and failure-to-follow-instructions charges, we affirm.

Stevenson v. Department of Veterans Affairs (Nonprecedential Order)

In response to this court’s December 6, 2023, order directing the parties to show cause whether Michael E. Stevenson, Jr.’s petition for review should be dismissed or transferred, Mr. Stevenson responds that he “wish[es] to file a civil action . . . for racial and disability discrimination[] based on [the Merit Systems Protection Board’s] final decision,” ECF No. 10 at 2, and the Department of Veterans Affairs urges transfer to the United States District Court for the Western District of Oklahoma.  Mr. Stevenson also files a motion for leave to proceed in forma pauperis.




This matter and all of the filings are transmitted to the United States District Court for the Western District of Oklahoma pursuant to 28 U.S.C. § 1631.