Three Rulings That Could Make 2022 Easier for Contracts Lawyers

Attorneys for federal contractors are taking lessons from three key decisions in bid protest cases from the past year. Together, the decisions can help attorneys decide whether an agency action is worth challenging.

The decisions clarified jurisdiction questions for implied-in-fact contract claims and other transaction agreement protests and clarified when a protester waiver rule can’t be applied.

Implied-in-Fact

Contractors now know that the U.S. Court of Federal Claims can hear a claim that the government breached an implied-in-fact contract to fairly review a bidder’s proposal in the procurement context.

In a matter of first impression, the U.S. Court of Appeals ...