73 Am. U. L. Rev. 1171 (2024).

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Abstract

This Article continues previous in-depth reviews of government contract law cases decided by the Federal Circuit and published by the American University Law Review. In 2023, the Federal Circuit clarified the appropriate standard of review, emphasizing that, more likely than not, the Boards of Contract Appeals should apply a de novo standard of review. Additionally, the court set significant judicial precedent by holding that the issues of party standing, timely raising a solicitation defect, and asserting a sum certain are nonjurisdictional. Finally, the court also issued decisions concerning implied-in-fact contracts, excusable delays, and the importance of reporting unallowable costs.

* Sophie Marsh is a Law Clerk at the U.S. Civilian Board of Contract Appeals. George Washington University Law School, JD. University of Denver, BA

** Taylor McDaniels is a Law Clerk at the U.S. Civilian Board of Contact Appeals. George Washington University Law School, JD. University of Kentucky, BBA.

*** Allison Moors is a Law Clerk at the U.S. Civilian Board of Contract Appeals. George Washington University Law School, JD. Claremont McKenna College, BA.