Servant Health, LLC v. United States

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 52.212-4(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.