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Potential Loss Of Workforce Supports Incumbent's Injunction

Jun.16.2005

The incumbent in University Research Co. v. U.S. (June 3, 2005 http://www.uscfc.uscourts.gov/Opinions/Wolski/05/WOLSKI.UnivResearch.pdf), after demonstrating that the cost realism evaluation was flawed due to the improper normalization of a significant cost element, satisfied its showing of irreparable injury in part by arguing that it would lose some of its trained workforce if the awardee were allowed to take over the job while the case and a reevaluation proceeded. The Court of Federal Claims also noted that only in "an exceptional case" would procurement delay alone warrant denial of injunctive relief in a bid protest case.

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Frederick (Rick) W. Claybrook Jr.
Partner – Washington, D.C.
Phone: +1 202.624.2695
Email: rclaybrook@crowell.com