Bloomberg Law
March 16, 2023, 6:29 PM

NIH Contractor Loses Appeal Seeking Federal Employee Benefits

Daniel Seiden
Daniel Seiden

John Douglas Burke, who performed professional services purchase orders for the National Institutes of Health, lost his $414,493 appeal seeking to recover salary and benefits of a federal civil service employee.

Burke failed to show that he should be treated as a federal employee for compensation purposes because his contracts to produce animal research models to support gene therapy efforts were unlawful under the Federal Acquisition Regulation, Board Judge Harold D. Lester Jr., of the Civilian Board of Contract Appeals said in an opinion released Wednesday.

Agencies are prohibited from awarding personal services contracts unless specifically authorized by statute, the ...