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Protestor Bags Redo and B&P Costs, Too

Oct.15.2008

In Alabama Aircraft Indus., Inc. v. U.S. (Oct. 7, 2008), the Court of Federal Claims disagreed with a prior protest denial by GAO by holding that the price realism evaluation of the Air Force's multiyear maintenance contract for its KC-135 fleet was fatally flawed because it relied on the unrealistic assumption of a non-aging fleet without adequately informing the offerors of that assumption. In addition to a ordering a complete resolicitation, Judge Lettow granted the protestor its bid and proposal costs "because of the lengthy process involved with the procurement."

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John E. McCarthy Jr.
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Email: jmccarthy@crowell.com