1. Home
  2. |Insights
  3. |Mining Law Monitor - Volume 22, Issue 2 - (Winter 2005/2006)

Mining Law Monitor - Volume 22, Issue 2 - (Winter 2005/2006)

Client Alert | less than 1 min read | 02.09.06

  • "FMSHRC in 2005: The Year In Review," Author: Tim Biddle.
  • "Mining Companies Go Public On The AIM," Co-Authors: Paul Finlan, Mitchell Rabinowitz, and Neil Sitron.
  • "The International Cyanide Management Code – It’s Not an Oxymoron," Author: Ed Green.

Insights

Client Alert | 3 min read | 07.23.26

Protester Beware: Recent GAO Decision Suggests Traditional “Reasonable Possibility” Prejudice Standard May Be Evolving

It is well established that “[c]ompetitive prejudice is an essential element of every viable protest.” Yet, for decades, the U.S. Government Accountability Office (GAO) has tempered this requirement with two critical corollaries: protesters need only demonstrate a “reasonable possibility” that they were prejudiced by an agency’s actions, and GAO “will resolve doubts regarding prejudice in favor of the protester.” These principles have been consistent features of GAO’s bid protest jurisprudence for more than 30 years. See, e.g., United Int’l Eng'g, Inc., B-245448, Jan. 29, 1992, 71 CPD ¶ 177....