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B&P Costs Plus Injunctive Relief Permitted

Feb.24.2009

The CFC in Alabama Aircraft Indus., Inc. v. U.S. (Feb. 3, 2009) rejected the government's argument that, once the court has granted injunctive relief, any request for bid preparation costs must be denied. The court ruled that the statute has no "choose one only" provision, and, when the contractor can show that B&P efforts were wasted due to agency error, it should receive reimbursement for them even though it also is awarded injunctive relief.

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Frederick (Rick) W. Claybrook Jr.
Partner – Washington, D.C.
Phone: +1 202.624.2695
Email: rclaybrook@crowell.com
Adelicia R. Cliffe
Counsel – Washington, D.C.
Phone: +1 202.624.2816
Email: acliffe@crowell.com