Federal Circuit Revives Boeing’s Challenge to Controversial Cost Accounting Standards Rule, Rejecting the Government’s Novel Waiver Defense

Arnold & Porter – In a much-anticipated decision, the Federal Circuit revived Boeing's challenge to the validity of Federal Acquisition Regulations (FAR) 30.606(a)(3)(ii), which prohibits the offsetting of increased and decreased cost impacts arising from multiple changes in cost accounting practices. The Court of Federal Claims dismissed Boeing's challenges, adopting the government's novel procedural defenses.