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"The New Contract Is Better" Isn't A Justification

Aug.11.2006

The Court of Federal Claims in Advanced Systems Dev., Inc. v. U.S. (July 28, 2006, http://www.uscfc.uscourts.
gov/Opinions/Baskir/06/BASKIR.ASD.pdf
) reinforced that an agency cannot justify the override of a CICA stay while a protest is pending at GAO by packaging reasons that amount to no more than the new contract will be better than the current situation. Moreover, the court rebuffed the agency's attempt to add reasons for the override and make the justification statement an "evolving" document during litigation.

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