Four Federal Contract Rulings Likely to Key New Disputes in 2023

As 2022 comes to a close, here’s a look at four federal contracts rulings issued this year that could lay the groundwork for further litigation in 2023 and beyond.

The decisions illustrate how contractors could forum shop when launching bid protests based on unavailability of the prevailing party’s key personnel; how they could challenge procurement cancellations by agencies; and how the US Court of Federal Claims indicated a growing willingness to hear “Other Transaction authority"-based disputes.

Still another decision, involving the False Claims Act, shows the emergence of a circuit split that may affect how health-care providers and contractors defend ...