Court of Federal Claims Has Jurisdiction Over Implied-in-Fact Contract To Fairly and Honestly Consider An Offeror’s Proposal

The Federal Circuit recently held that the Court of Federal Claims has jurisdiction over a claim that the government breached an implied-in-fact contract to fairly and honestly consider an offeror’s proposal in the procurement context.  This was a question that had...

BOARD HAS NO JURISDICTION TO CONSIDER NEW CLAIM THEORIES NOT PRESENTED TO CONTRACTING OFFICER

One of the bedrock principles of the Contract Disputes Act (“CDA”) is that each claim by a contractor relating to a federal contract shall be submitted to the Contracting Officer (“CO”) for decision.  41 USC § 7103(a)(1).  For a board or a Court to possess...

Contractor’s Interpretation Must be Reasonable in Type 1 Differing Site Conditions Claim

Contractor’s Interpretation Must be Reasonable in Type 1 Differing Site Conditions Claim. The Federal Circuit recently discussed the requirements of a “differing site conditions” claim under the appropriate contract clause.  U.S Army Corps of Engineers v. John...