REA or Claim? Substance Over Form
Client Alert | 1 min read | 07.31.19
On July 17, 2019, the Federal Circuit addressed when a request for equitable adjustment (REA) constitutes a claim for purposes of CDA jurisdiction. The contractor, Hejran Hejrat Co. (HHL), submitted to the contracting officer (CO) a document entitled “Request for Equitable Adjustment,” with a sworn statement by a director of the company, requesting compensation and that the submission be “treated as a[n] REA.” The CO denied the request through a “Government’s final determination.” The ASBCA held that it lacked jurisdiction because the self-described REA was not a “claim.” The Federal Circuit reversed, finding that “there was a request for a final decision by a [CO] and a final decision by the [CO].” The Court rejected the Government’s arguments, focusing on the substance-over-form analysis: (1) a claim does not need “magic words,” so an REA can be a claim if it satisfies all of the claim requirements, and (2) even though REA did not request a CO’s final decision, the submission was sworn and requested the CO to “provide specific amounts of compensation for each alleged ground.” Thus, the Court held that the REA had the necessary formality to constitute a claim. Contractors must remain vigilant regarding the collateral consequences of these jurisdictional decisions, such as when the contractor’s 90-day appeal deadline begins to run for appealing the CO’s denial of the “REA” (claim) to the Board (or 1-year to COFC).
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Client Alert | 3 min read | 11.21.25
On November 7, 2025, in Thornton v. National Academy of Sciences, No. 25-cv-2155, 2025 WL 3123732 (D.D.C. Nov. 7, 2025), the District Court for the District of Columbia dismissed a False Claims Act (FCA) retaliation complaint on the basis that the plaintiff’s allegations that he was fired after blowing the whistle on purported illegally discriminatory use of federal funding was not sufficient to support his FCA claim. This case appears to be one of the first filed, and subsequently dismissed, following Deputy Attorney General Todd Blanche’s announcement of the creation of the Civil Rights Fraud Initiative on May 19, 2025, which “strongly encourages” private individuals to file lawsuits under the FCA relating to purportedly discriminatory and illegal use of federal funding for diversity, equity, and inclusion (DEI) initiatives in violation of Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025). In this case, the court dismissed the FCA retaliation claim and rejected the argument that an organization could violate the FCA merely by “engaging in discriminatory conduct while conducting a federally funded study.” The analysis in Thornton could be a sign of how forthcoming arguments of retaliation based on reporting allegedly fraudulent DEI activity will be analyzed in the future.
Client Alert | 3 min read | 11.20.25
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