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CO'S Opinion Due No Deference On Statutory Application

Client Alert | less than 1 min read | 07.30.04

Continuing a recent string of successful bid protests, the Court of Federal Claims in Miss. Dept. of Rehab. Servs. v. U.S. (June 4, 2004), finds that the Navy has improperly refused to give the blind a statutory preference in a procurement for operation of a galley. Of particular interest, Judge Baskir rejects the more deferential standard some judges have used in similar cases and rules that no deference is owed to the Contracting Officer's application of the statutory language, considering the matter de novo.

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Client Alert | 3 min read | 06.22.26

Timing Is Everything: GAO Dismisses Three Protests Filed Before the Solicitation Deadline but After GAO’s Daily Cutoff Time

A recent U.S. Government Accountability Office (GAO) decision dismissing three pre-award protests as untimely highlights an important procedural trap for would-be protesters. In Oready, LLC, GAO dismissed three protests filed one business day too late, even though they were submitted prior to the solicitation closing date and time. ...