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Court of Federal Claims Statutory Interpretation

Fox Rothschild LLP

CICA Stay Preserved: COFC Rules in Favor of Protester, Applies Equitable Tolling

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The Competition in Contracting Act (CICA) of 1984 establishes a procedure that effectively pauses performance of a federal contract award during a bid protest. If a disappointed bidder files a protest with the Government...more

PilieroMazza PLLC

The Unusual Case of Obtaining a “Pause” on Performance After Missing the Filing Deadlines

PilieroMazza PLLC on

One of the primary benefits of filing a protest with the Government Accountability Office (GAO) is that it automatically puts the awarded contracts on hold, stopping the agency from proceeding with performance. To reap the...more

WilmerHale

The Telesto Decision: COFC's Latest (and Most Novel) Take on OTA Jurisdiction

WilmerHale on

Judge Hertling’s recent decision in Telesto Group, LLC v. United States provides a novel approach for determining when Court of Federal Claims (also “COFC”) has jurisdiction to consider a protest of a project under the...more

Holland & Knight LLP

Navigating the Evolving Jurisdiction of the Court of Federal Claims Over OTA Agreements

Holland & Knight LLP on

The U.S. Court of Federal Claims (COFC) recently addressed the scope of its jurisdiction over Other Transaction Authority (OTA) agreements in the case of Telesto Group, LLC v. United States, No. 1:24-cv-01784. The case...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Instructions, Price Evaluation, Standing

This month’s bid protest roundup highlights three protest decisions released by the Government Accountability Office (GAO) and the Court of Appeals for the Federal Circuit (Federal Circuit) in March. The first discusses an...more

Vedder Price

Recent Court of Federal Claims Decision Invoking Loper Bright Demonstrates Agency Discretion is Not Boundless

Vedder Price on

Practitioners and government contractors are well aware that federal agencies are afforded a great deal of discretion in making procurement-related decisions. A recent decision from the U.S. Court of Federal Claims (COFC),...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Affirms Veteran-Owned Small Businesses Are the VA’s First Priority

The U.S. Court of Appeals for the Federal Circuit recently affirmed a May 2017 Court of Federal Claims decision requiring the U.S. Department of Veterans Affairs (“VA”) to give veteran-owned small businesses first priority...more

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