Client Alerts & Newsletters

Good Faith Duties in Procurements Confirmed

Nov.13.2012

Working around overbroad dicta in a recent decision of the Federal Circuit that DOJ has been trying to exploit, Judge Lettow in J.C.N. Constr., Inc. v. U.S. (Nov. 6, 2012) joined other CFC judges in affirming that the government still has an implied, good faith duty to treat bidders fairly and impartially. To work around the dicta, the CFC judges are saying this duty now emanates from subsection (b) of 28 U.S.C. § 1491, rather than from (a), from where it has traditionally been found to lodge.


For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

J. Chris Haile
Partner – Washington, D.C.
Phone: +1 202.624.2898
Email: chaile@crowell.com

Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

View Desktop Site | Mobile Sitemap

Contact | Subscribe | Terms of Use/Privacy Policy | Alumni

© Crowell & Moring LLP 2019
Attorney advertising - prior results do not guarantee a similar outcome.