Federal Circuit Holds Land Lease Subject to CDA, but Dismisses Appeal Premised on Different Operative Facts Than Those Presented to Agency; CAFC 2016-2308, Lee’s Ford Dock, Inc. v. Secretary of the Army

Appeal of the Armed Services Board of Contract Appeals’ grant of summary judgment to the government is affirmed in part, where the appellant’s lease for land adjacent a manmade lake did not prevent the government from lowering the water level of the lake and where the government had a reasonable reason for doing so; and dismissed in part, where ASBCA did not have jurisdiction to consider breach of contract claims that were not first raised to the contracting officer.