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"National Security" Limits Judicial Review Of CICA Stay Override

Client Alert | less than 1 min read | 02.23.05

In Kropp Holdings, Inc. v. U.S. (Jan. 27, 2005), Judge Braden of the Court of Federal Claims held that, once legitimate interests of “national security” have been asserted and established to the court’s satisfaction, the court could stop review of a “best interests” CICA stay override, holding that national security makes it “not necessary” to go further. The Court also held that national security concerns and the context of a CICA stay override justify use of a more deferential standard of review of agency action than in the normal bid protest: whether the plaintiff demonstrated a clear error of judgment.

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Client Alert | 4 min read | 10.30.26

Two Wrongs Don’t Make a Right: GAO Sustains Protest Where Agency Tried to Fix PIA Violation with a Second PIA Violation

Recent sustain decisions by the U.S. Government Accountability Office (GAO) in Fluor Federal Solutions, LLC and Reliance Test & Technology send a clear message: when an agency tries to fix a Procurement Integrity Act (PIA) violation by committing a second one, the cure can be just as fatal as the disease. The cases involved the U.S. Air Force’s $1.8 billion procurement for O&M services at Elgin Air Force Base. During discussions, the Air Force inadvertently released a pricing overview slide with all offerors’ bottom-line evaluated costs to Reliance Test & Technology, which immediately notified the agency of the error. In response, the Air Force decided to level the playing field by providing the same information to all the other offerors in the procurement, stating, “[o]fferors may consider this disclosure in their [final proposal revision].”...