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Tag: COFC

COFC Upholds Agency Use of Transitive Property of Inequality and Highest Technically Rated with a Fair and Reasonable Price

By: Jonathan Brittin  [8/29/22] In May 2022, the Court of Federal Claims (“COFC”) issued three interesting decisions, all arising under the same procurement.  Stratera Fulcrum Technologies, LLC v. United States, No. 21-1770; RCH Partners v. United States, No. 21-1702; and M6-VETS, LLC v. United States, No. 21-1736. In the decisions, the COFC held that an agency’s use of the “transitive… Continue reading COFC Upholds Agency Use of Transitive Property of Inequality and Highest Technically Rated with a Fair and Reasonable Price

Prejudice Not Presumed Despite Arbitrary and Capricious Decision by Agency

By: Jonathan Brittin  [8/8/22] In a recent decision by the U.S. Court of Appeals for the Federal Circuit (CAFC), System Studies & Simulation, Inc. v. U.S., No. 2021-1469 (Fed. Cir. Dec. 30, 2021), the CAFC issued an important decision holding that prejudice will not be presumed despite irrational or arbitrary and capricious agency action.  In 2020,… Continue reading Prejudice Not Presumed Despite Arbitrary and Capricious Decision by Agency

Corrective Action After A Bid Protest Is Filed

By: Jonathan Brittin  [8/5/22] Corrective Action After A Bid Protest Is Filed: The Court of Federal Claims (COFC) May Apply More Scrutiny Than The Government Accountability Office (GAO) During the course of a bid protest filed at the Government Accountability Office (GAO) or the Court of Federal Claims (COFC), the government agency may decide to… Continue reading Corrective Action After A Bid Protest Is Filed

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