What Should I Do If Faced with a Clearly Unreasonable Contracting Officer?
Federal contracting officers have broad discretion – within the limitations and allowances of the FAR. But, contracting officers must respond in writing to claims filed by contractors. If they do not, they are violating the FAR and contractors are eligible for attorney's fees and other costs and penalties. A recent federal appellate court decision reveals that egregious breaches by unreasonable contracting officers renders the FAR immaterial and courts will rely on the common law of contracts to make contractors whole.