1. “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.”
2. “Whether a contracting officer’s refusal to consider delivery delays caused by the Suez Canal blockage— an archetypal common carrier delay—violates FAR 52.212-4(f) and exceeds the officer’s authority under 41 U.S.C. § 3307.”
3. “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.”
