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Auction Concept Still Lives at CFC

Client Alert | less than 1 min read | 11.10.10

In The Sheridan Corp. v. U.S. (Nov. 5, 2010), the CFC set aside the agency's corrective action when, in the face of a GAO protest, the agency announced another round of offers and a new evaluation. The court noted that (a) the record contained no justification by the agency for the corrective action, (b) even if the protest assertions made at GAO were well taken they would only require a reevaluation of the existing offers, and (c) the awardee was irreparably harmed by a new round of offers when its winning price had been disclosed to the other offerors.

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Client Alert | 2 min read | 04.16.26

Federal Circuit Holds Challengers to CICA Stay Overrides Need Not Satisfy Four-Factor Injunctive Relief Test

In a significant decision for government contractors, on April 15, 2026, in Life Science Logistics, LLC v. United States, the U.S. Court of Appeals for the Federal Circuit held that bid protesters challenging an agency’s override of an automatic stay of contract performance under the Competition in Contracting Act (CICA) need not satisfy the demanding four-factor test traditionally required for preliminary injunctive relief.  In so doing, the Federal Circuit clarified that CICA stay override challenges need only demonstrate that the override decision was arbitrary and capricious—nothing more....