Federal Circuit Sweeps Away DOJ's Defenses in Corrective Action Suits

In Sys. Application & Techs., Inc. v. U.S. (Aug. 24, 2012), the Federal Circuit swept away a litany of preliminary defenses raised by DOJ in multiple cases challenging agency procurement corrective actions in the Court of Federal Claims, holding first and foremost that the CFC possesses jurisdiction over such disputes under the broad grant in 28 U.S.C. § 1491(b)(1). The Federal Circuit also held that contractors have standing to challenge proposed corrective actions, particularly when their pricing has been revealed, and that such disputes are ripe for adjudication when the agency announces the action, not after the agency has fully implemented it.