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Auction Concept Still Lives at CFC


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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Frederick (Rick) W. Claybrook Jr.
Partner – Washington, D.C.
Phone: +1 202.624.2695

James G. Peyster
Counsel – Washington, D.C.
Phone: +1 202.624.2603