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No Out-Of-Pockets, No Interest

Client Alert | less than 1 min read | 02.10.06

The Federal Circuit in Richlin Security Serv. Co. v. Certoff (Jan. 31, 2006) reaffirmed that a contractor can obtain interest on its recovery from the date of the filing of its claim with the contracting officer, even if the amounts recovered had not yet been incurred, as long as the contractor eventually has out-of-pocket expense. This doomed Richlin's interest request, because only the government made out-of-pocket payments for the Service Contract Act deficiencies it claimed.

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Client Alert | 2 min read | 12.29.25

FYI – GAO Finds Key Person “Available” Despite Accepting Employment with a Different Company

GAO’s key personnel rule is well-known—and often a source of frustration— amongst government contractors.  Proposed key personnel who become “unavailable” prior to contract award—especially where they have accepted employment with a different company—may doom an offeror’s proposal by rendering it noncompliant with solicitation requirements.  But GAO’s recent decision in FYI – For Your Information, Inc., B-423774, B-423774.2 (Dec. 19, 2025) provides some potential relief from that rule. ...