PBCA Update:  HUD Requests a Rehearing

On June 23, 2014, HUD announced it would seek a rehearing of the decision of the U.S. Court of Appeals for the Federal Circuit related to the PBCA rebid.  As you may recall, in March 2014, the Court, represented by a 3-judge panel, ruled in favor of the PBCA plaintiffs, determining that HUD acted inappropriately when classifying the PBCA contracts as cooperative agreements.

In yesterday’s rehearing request, HUD requested their appeal be heard in an “en banc session”, meaning the case is heard before all the judges of the court, rather than by a panel selected from them.

Stay tuned for additional updates, as the industry awaits the Court’s decision to either grant or deny HUD’s rehearing request.