ABSTRACT
Whether the U.S. Court of Federal Claims ("Court of Federal Claims" or "lower court") has subject matter jurisdiction over appellant's claim for a right to cost reimbursement under a United States Agency for International Development ("USAID") grant award that did not contain a money-mandating provision and consideration. 2. [...]the Court of Federal Claims erroneously analogized the grant award to a traditional procurement contract. Because of this errant comparison, the lower court's analysis is flawed, and so, DW's claim falls outside the narrow grant of jurisdiction at the Court of Federal Claims. [...]this court should reverse the lower court's holding and dismiss DW's claim in its entirety. [...]because of the fixed-price nature of the grant, DW assumed the risk of incurring costs not included in its budget.