In this episode, we sit down with Mr. Adam Caudle and Miss Dana Chase to dissect the 39-year litigation in Secretary of Defense v. Pratt & Whitney. We analyze the Federal Circuit's 2025 decision, which reaffirmed that a contracting officer’s authority is not unlimited and that agreements violating mandatory FAR provisions are considered illegal and unenforceable. The discussion highlights the critical takeaway that while the revolutionary FAR overhaul encourages broader professional judgment, practitioners must still remain within the four corners of the FAR to ensure their agreements remain valid.
Cases discussed: United Technologies Corp., Pratt & Whitney, ASBCA Nos. 47416, 50453, 50888, 01-2 BCA ¶ 31,592; Rumsfeld v. United Technologies Corp., 315 F.3d 1361 (Fed. Cir. 2003); United Technologies Corp., Pratt & Whitney, ASBCA No. 61623, 22-1 BCA ¶ 38,111; Secretary of Defense v. Pratt & Whitney, 148 F.4th 1354 (Fed. Cir. 2025).
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.
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