Alternative Procurement Yields Protestor Bid Preparation Costs

Klinge Corp. v. U.S. (Sept. 30, 2008) presented the unusual situation of the agency, after remand from a successful protest of an IDIQ award, purchasing the items under a separate Federal Supply Schedule contract instead. Perceiving no attempt to circumvent the prior ruling of the court or otherwise to act in bad faith, the CFC found that the two awards could have overlapped in any event and refused to enjoin the FSS award, while awarding the protestor its bid preparation costs under the original solicitation.