Turn Square Corners or Sit on Sideline

January 9, 2012

The Federal Circuit in Digitalis Educ. Solutions, Inc. v. U.S. (Jan. 4, 2012) emphasized that a company wanting to protest must itself satisfy the stipulated process. In this case, the company lost its right to complain of a sole-source award to a competitor because it did not routinely check FedBizOpps, where the agency published a notice of the proposed award, or submit its own statement of capability to show it could do the job, as the notice in FedBizOpps required.

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