RETROACTIVE COST DISALLOWANCES REVISITED: DID THE FEDERAL CIRCUIT COMMIT ERROR BY FAILING TO RECOGNIZE RELEVANT SUPREME COURT PRECEDENT WHEN IT DECIDED RUMSFELD V. UTC?

The article informs that the U.S. Court of Appeals for the Federal Circuit has issued a series of decisions rejecting Retroactive Cost Disallowance (RCD) arguments raised by contractors based on their failure to show affirmative misconduct by the government. It further argues that did the Federal Circuit commit error by failing to recognize relevant Supreme Court precedent when it decided "Rumsfeld v. UTC."