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COFC Reverses Another Cica Stay Override

Client Alert | less than 1 min read | 05.10.04

Although the protester’s incumbent contract (and the 6-month extension) had expired, in Keeton Corrections, Inc. v. U.S., (March 17, 2004), the Court of Federal Claims rejected as arbitrary and capricious an override decision that was premised on the purported necessity of using the awarded contract to deliver necessary correctional services to the Bureau of Prisons. The court found that the agency had not explained why sole source purchase orders could not be used to obtain the necessary services pending GAO’s protest decision, and held that such sole source orders (issued either to the protester or the awardee) would be permissible under the circumstances, and would be less harmful to competition than an override of the CICA stay.

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Client Alert | 2 min read | 10.28.26

Debriefing to Dead Briefing: How to Avoid Dismissal by Identifying “Required” Debriefings

A recent GAO decision,  Encon Desbuild JV4, LLC, highlights a critical pitfall for contractors: GAO dismissed as untimely a protest filed within 10 days of a “debriefing” because the debriefing was not “required” under GAO’s precedent and the applicable regulations.  This was true even though the contracting officer incorrectly told the contractor that the debriefing was required and provided under FAR part 15. ...