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CFC Sustains Corrective Action Protest Where Solicitation Amendment Favored Original Awardee

November 28, 2016

In Prof’l. Serv. Indus. Inc. v. United States, the Court of Federal Claims sustained a protest of a corrective action that the Federal Highway Administration took in the wake of a GAO decision that the awardee’s proposed program manager lacked the requisite experience. The court found that the agency’s decision to amend the solicitation was arbitrary and capricious because the agency changed the required qualifications for the program manager—in a manner that conformed to the original awardee’s proposal—rather than conducting a re-evaluation of the proposals under the un-amended solicitation’s criteria.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Daniel R. Forman
Partner – Washington, D.C.
Phone: +1.202.624.2504
James G. Peyster
Counsel – Washington, D.C.
Phone: +1.202.624.2603