Lewis Roca Blog

A contractor’s own terms and conditions infrequently appear in procurement contracts with the federal government. For the most part these contracts are “take it or leave it” propositions with the agency’s own terms and conditions defining the agreement of the parties. Recently, however in CSI Aviation, Inc. v. Department of Homeland Security, 31 F.4th 1349 (Fed. Cir. 2022), the U.S. Court of Appeals took the opportunity to address circumstances when a contractor’s standard terms and conditions may be incorporated by reference into a federal contract.