Bradley partner Aron Beezley was quoted in Law360’s series highlighting 2021’s top government contract cases to this point. In a case this past March, the Federal Court ruled the Court of Federal Claims has jurisdiction over implied-in-fact contract claims involving procurements, extending its 2010 finding that the claims court had jurisdiction over non-procurement, implied-in-fact contract claims.
While it is not clear why this had not been clarified by the circuit court prior to this recent case, Beezley stated breach-of-implied-duty claims usually come as “sort of a catch-all count at the ends of the protest, as opposed to the singular or lead protest count.”
He added that the case was also important “because it allows protestors to claim monetary relief in the form of bid preparation and proposal costs, in addition to asking for declaratory and/or injunctive relief.”
The complete article, "Top 7 Gov't Contracting Policies Of 2021: Midyear Report," was published by Law360 on July 19, 2021. (login required)