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Slamming the Courthouse Door: No Review of Alleged Statutory Violations in Task Order Procurements

Client Alert | less than 1 min read | 09.19.14

In SRA In'l v. U.S. (Sept. 15, 2014), the Federal Circuit held that the Court of Federal Claims lacked jurisdiction over a protest of an agency's OCI waiver made in the context of a task order procurement. The Federal Circuit found that the divestiture of jurisdiction over task order procurements in the Federal Acquisition Streamlining Act is complete and does not have an exception for alleged violations of statute or regulation.


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Client Alert | 4 min read | 10.30.26

Two Wrongs Don’t Make a Right: GAO Sustains Protest Where Agency Tried to Fix PIA Violation with a Second PIA Violation

Recent sustain decisions by the U.S. Government Accountability Office (GAO) in Fluor Federal Solutions, LLC and Reliance Test & Technology send a clear message: when an agency tries to fix a Procurement Integrity Act (PIA) violation by committing a second one, the cure can be just as fatal as the disease. The cases involved the U.S. Air Force’s $1.8 billion procurement for O&M services at Elgin Air Force Base. During discussions, the Air Force inadvertently released a pricing overview slide with all offerors’ bottom-line evaluated costs to Reliance Test & Technology, which immediately notified the agency of the error. In response, the Air Force decided to level the playing field by providing the same information to all the other offerors in the procurement, stating, “[o]fferors may consider this disclosure in their [final proposal revision].”...