Additional Compensation from the Government: A Brief Comparison of REAs and Claims
Going to the Court of Federal Claims or the Boards of Contract Appeal
From adjustments to terminations, it’s important for government contractors to understand lessons learned from 2023 contract claims and appeals decisions and how these decisions could affect their approach to cases in 2024....more
Claims Updates - Avue Technologies Corp. v. Department of Health & Human Services, No. 2022-1784 Fed. Cir. (March 6, 2024) The Federal Circuit issued its much-anticipated decision in a case that presented the question...more
On September 29, 2023, the Civilian Board of Contract Appeals (CBCA) ruled that a federal contractor could not collect damages from the U.S. Marshals Service (USMS). The contractor’s claim, asserting that it was being sued by...more
WHAT: After previewing earlier this year that it was reconsidering its existing precedent, the Federal Circuit held yesterday that the requirement that contractors state a “sum certain” in claims brought under the Contract...more
A contractor’s own terms and conditions infrequently appear in procurement contracts with the federal government. For the most part these contracts are “take it or leave it” propositions with the agency’s own terms and...more
Project delays are not unusual throughout the duration of a contract. If the project is delayed by the government, can a contractor recover damages arising from a government-caused delay, regardless of whether the delays...more
In a decision of first impression that could have significant implications for the many commercial software vendors who license software to the U.S. Government through U.S. General Services Administration (GSA) Schedule...more
Attention contractors – have you heard about “negligent negotiations”? A trio of interesting – but arguably contradictory – Board of Contract Appeals decisions addressing this theory of recovery have opened up potential new...more
Attention contractors – there is a new theory of recovery to consider! …Or, is there? Truth is, it might depend on what agency you are doing business with, and where you bring your case....more
In Future Forest, LLC, CBCA 5863 (March 9, 2020), the Civilian Board of Contract Appeals discussed the relationship between a minimum delivery order, comments on what volume of deliveries the contractor could anticipate under...more
Obermayer is excited to introduce its new “GovCon Examiner Live” webinar series, your resource for the fundamentals in government contracting and small business procurement. Over the course of 12 months, our experienced...more
In Vet4U, LLC v. Department of Veterans Affairs, the Civilian Board of Contract Appeals awarded costs and attorney fees to the small business contractor that won its appeal pursuant to the Equal Access to Justice Act (EAJA),...more
The Civilian Board of Contract Appeals (“Board”), the court with jurisdiction over the General Services Administration and other non-defense executive agencies, denied a contractor’s claim for increased labor and equipment...more
A central principle of construction contracts is that, where a contractor (a) commits to construct in accordance with plans and specifications (b) provided by the owner (c) in exchange for payment of a firm, fixed price, the...more
In the prior issue of this newsletter, we included an article on the high standard of proof and the practical considerations for a federal government contractor claiming that the federal government acted in bad faith in its...more