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
Most government contracts include a Changes clause (notably, FAR 52.243-1), which grants the Government the right to order changes to the scope of the contractor’s work. That clause also entitles the contractor to an...more
On June 28, 2024, the Supreme Court of the United States (SCOTUS) issued its decision in Loper Bright Enterprises v. Raimondo, which put an end to Chevron Deference. Chevron Deference was a doctrine that required courts to...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
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 number of developments in 2022 will impact federal leasing: The Civilian Board of Contract Appeals (CBCA) has issued a landmark decision on what constitutes a reimbursable real estate tax, the White House has issued...more
Occasionally contracts need to be modified partway through the project to either reduce or increase the scope of work, which then alters the project's cost. Typically, the contractor and Contracting Officer (CO) agree on the...more
Commercial vendors who might otherwise be unwilling to take on the regulatory burdens of federal procurement have nevertheless been attracted to Federal contracting by the protections offered by Federal Acquisition Regulation...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
Any contractor providing services to the government knows that complying with the Service Contract Act (SCA) is a critical element of contract performance. Normally, when the SCA applies to a contract, the contractor is...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