No. 24-1088

Servant Health, LLC v. United States

Lower Court: Federal Circuit
Docketed: 2025-04-17
Status: Denied
Type: Paid
Response Waived
Tags: None
Key Terms:
AdministrativeLaw
Latest Conference: 2025-06-12
Question Presented (AI Summary)

Question not identified.

Question Presented (OCR Extract)

Whether an executive agency contracting officer may eliminate the requirement to exercise discretion by inserting contract language that nullifies the Federal Acquisition Regulation’s excusable delay protections in a commercial items contract. Whether a contracting officer’s refusal to consider delivery delays caused by the Suez Canal blockage — an archetypal common carrier delay —violates FAR 52.2124(f) and exceeds the officer’s authority under 41 U.S.C. § 3307. Whether, under Loper Bright Enterprises v. Raimondo , courts must invalidate agency actions that amount to unauthorized legislative rulemaking, including when a contracting officer unilaterally rewrites procurement obligations established by Congress.

Docket Entries

2025-06-16
Petition DENIED.
2025-05-27
DISTRIBUTED for Conference of 6/12/2025.
2025-05-19
Waiver of United States of right to respond submitted.
2025-05-19
Waiver of right of respondent United States to respond filed.
2025-04-15

Attorneys

Servant Health, LLC
Eric S. MontalvoThe Federal Practice Group, Petitioner
Eric S. MontalvoThe Federal Practice Group, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent