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Federal Circuit Refuses to Give Offeror Second Chance


In Orion Tech., Inc. v. U.S. (Jan. 14, 2013), the agency disqualified a contractor which had failed to provide all the requested information with its offer and, when the agency reopened proposals for a second round, refused to allow the contractor to do so then. The Federal Circuit held that the contractor had standing to complain about getting kicked out, but held that the agency had reasonably done so, implicitly ruling that, once reopening, the agency did not have to let the offeror cure its deficiency.

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John E. McCarthy Jr.
Partner – Washington, D.C.
Phone: +1 202.624.2579