HCFA waived its right to determine final indirect cost rates because nothing in the record indicates that the government voluntarily relinquished its right to set final indirect cost rates for 1987-1991. Nor can HCFA’s pattern of conduct be construed as inferring a waiver because HCFA continued to negotiate final indirect cost rates with Data after 1994. To further support its argument that the government waived its right in 1994 to establish final indirect cost rates for the 1987-1991 period, Data cites to Gresham & Co. Inc. v. United States, 200 Ct Fed.Cl. 428, 432 (2004) (stating that a “waiver of a contractual requirement by course of dealing cannot be established by a single occurrence”); Appeal of John Lembesis Co., ASBCA No. 24100, 80-2 BCA K 14,571, 1980 WL 2670 (June 30, 1980) (<HOLDING>). Furthermore, Data’s negotiations with HCFA in
holding that the waiver in two previous contracts was insufficient to support waiver of the contract at issue in that appeal holding that a failure to file an appeal is within the scope of the waiver because the failure does not undermine the validity of the plea or waiver recognizing that courts will enforce waiver of appeal rights when waiver is knowing and voluntary holding failure to object in timely fashion at trial results in waiver of issue for appeal holding that failure to raise issue in brief constitutes waiver of appeal of the issue