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Unfair Disqualification Results In Reinstatement

Dec.19.2005

The Court of Federal Claims in OTI America, Inc. v. U.S. (Dec. 7, 2005 http://www.uscfc.uscourts.gov/Opinions/Lettow/05/LETTOW.OTI.1205.pdf) reinforced that offerors must be treated evenhandedly, setting aside a disqualification of OTI for high-tech passports when other offerors had been kept in the competition for lesser failures. Joining a recent spate of cases analyzing what relief can be given in light of government assertions of national defense, the court reinstated OTI in the competition, but allowed a pilot project with another offeror to continue, as multiple awards were contemplated.

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